BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.13127 of 2011 PAPPA @ RAJESHWARI : PETITIONER/SOLE ACCUSED Vs. THE STATE REP.BY THE INSPECTOR OF POLICE C.S.CID., MADURAI, (CRIME NO.515 OF 2011) : RESPONDENT/COMPLAINANT For Petitioner : M/S. T.LENIN KUMAR Advocate For Respondent : Mr. A.RAMAR Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 6(4) of TNSC (RDCS) Order 1982 r/w 7(1) (a)(ii) of Essential Commodities act, 1955 in Crime No.515 of 2011, on the file of the respondent police and hence seeks anticipatory bail. 2. The learned Counsel for the petitioner would submit that the petitioner was arrayed as an accused in Crime No.515 of 2011 under Section 6(4) of TNSC (RDCS) Order 1982 r/w 7(1) (a)(ii) of Essential Commodities act, 1955. The petitioner is a rice merchant and he is innocent. The allegation is that he possessed 4 bags of boiled rice (each contains 50 Kgs), 4 bags of raw rice ((each contains 50 Kgs) and 10 packet of Palm Oil (each contains 1 litre) from the petitioner. No previous case is pending and hence, he prays for enlargement on anticipatory bail. 3. The learned Additional Public Prosecutor would submit that no previous case is pending. Investigation is going on and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides, the petitioner is a rice merchant and from her and it was alleged that 4 bags of boiled rice (each contains 50 Kgs), 4 bags of raw rice ((each https://hcservices.ecourts.gov.in/hcservices/ contains 50 Kgs) and 10 packet of Palm Oil (each contains 1 litre) worth about Rs.5,000/- has been seized. It is alleged to be denoted for the fair price shop. The value of the seized rice is Rs.5,000/- and no previous case is pending, I am inclined to grant anticipatory bail to the petitioner, with certain conditions. 5. Accordingly, the petitioner is ordered to be released on bail in the event of her arrest or on her appearance before the learned Judicial Magistrate No.III, Madurai, subject to the following stringent conditions:- (i) The petitioner shall deposit a sum of Rs.5,000/- to the credit of Crime No.515 of 2011 before the learned Judicial Magistrate No.III, Madurai; (ii) On such deposit the petitioner shall execute 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 Judicial Magistrate No.III, Madurai, and (iii) The petitioner shall appear before the learned Judicial Magistrate No.III, Madurai, daily at 10.30 a.m. until further orders. (iv) The petitioner shall comply with the condition 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 stands dismissed. sd/- 29/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.3, MADURAI. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE, C.S.CID., MADURAI. +1 CC to M/S. T.LENIN KUMAR Advocate SR.No.34120 ORDER IN CRL OP(MD) No.13127 of 2011 NSV/30.9.11/2P/6C Date :29/09/2011 https://hcservices.ecourts.gov.in/hcservices/