Madras High CourtCRL OP(MD)/16090/2018ordered

Geetha v. The Inspector Of Police

2018-09-07Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventh day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16090 of 2018 GEETHA ... PETITIONER / ACCUSED NO.2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, CIVIL SUPPLY CID (CS CID), RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.

(IN CRIME NO. 98 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.D.SENTHIL Advocate For Respondent : Mrs.M.ANANTHA DEVI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 6(2)(3)

(4) TNSC (RDCS) Order 1982, r/w 7(1), a(2) of Essential Commodities Act, in Crime No.98 of 2018, seeks anticipatory bail. 2.The case of the prosecution is that on 20.07.2018, the first accused smuggled 200 kilograms of PDS Rice from the Fair Price Shop at Somanathapuram, Paramakudi Taluk. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent. She did not commit any offence as alleged by the prosecution. A1 was arrested and remanded to judicial custody. Based on his confession, this petitioner has been falsely implicated in this case. Hence, he prays for anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the first accused was arrested and remanded to judicial custody. Based on his confession, this petitioner has been implicated in this case. He further submitted that the investigation is pending.

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5.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. The petitioner shall deposit a sum of Rs.10,000/-(Rupees ten thousand only) to the credit of Crime No.98 of 2018 before the learned Judicial Magistrate No.II, Ramanathapuram. On such deposit, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate No.II, Ramanathapuram and on her executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

6.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 07/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO-II RAMANATHAPURAM.

2 THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM.

3 THE INSPECTOR OF POLICE CIVIL SUPPLY CID (CS CID), RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.D.SENTHIL Advocate SR.No.17266 PS/RR/SAR-4:18/09/2018:2P/6C

ORDER

IN CRL OP(MD) No.16090 of 2018 Date :07/09/2018 https://hcservices.ecourts.gov.in/hcservices/