BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Seventeenth day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.14928 of 2011 D.CHANDRA : PETITIONER/ACCUSED Vs. THE STATE REP.BY THE INSPECTOR OF POLICE, FOOD CELL, UTHAMAPALAYAM POLICE STATION, THENI DISTRICT. CRIME NO.407/2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. B.CHANDRAN Advocate For Respondent : Mr. K.S.DURAIPANDIAN Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is the accused for grant of anticipatory bail under Section 438 Cr.P.C., for the alleged offences punishable under Sections 17, 18 TNK (RT) order 1973 and 6(2) (3) of TNSC (RDCS) Order 1982 r/w 7(1) a (ii) of E.C. Act 1955 in Crime No.407 of 2011 on the file of the respondent police. 2. Heard Mr.B.Chandran, learned counsel appearing for the petitioner and Mr.K.S.Duraipandian, learned Additional Public Prosecutor appearing for the State. 3. The learned counsel appearing for the petitioner would submit in his argument that the petitioner is working as Secretary of Allinagaram Primary Agricultural Co-operative Credit Sangam and she has not involved in the alleged crime. He would further submit that the nature of work of the petitioner would be giving jewel loan, land loan and fertilizer loan to the members and collecting bill and money and she has not direct control over the eleven fair price shops and one kerosene bunk under the said society. He would further submit that the petitioner has got permanent root in the society and she will not abscond and she is ready to co-operate with the investigation. 4. The learned additional Public Prosecutor would submit in his argument that the un-named accused may be the petitioner and the investigation is offing and if for any reason the petitioner is granted anticipatory bail, suitable conditions may be imposed for the secured presence of the petitioner as well as for interrogation. https://hcservices.ecourts.gov.in/hcservices/ 5. Considering the submissions made by both parties, I could see that admittedly the name of the petitioner is not found in the F.I.R. But, however an un-named accused has been shown in the F.I.R and if for any reason, the investigation shows that the petitioner is also involved in the alleged crime, in that circumstances, necessary charge sheet has to be filed after completion of the investigation. Further, the petitioner has got permanent root in the society and therefore, I am inclined to grant anticipatory bail to the petitioner, but with stringent conditions. 6. Accordingly, the petitioner is directed to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate, Uthamapalayam and on 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 Judicial Magistrate, Uthamapalayam and on further condition that the petitioner shall appear before the All Women Police Station, Theni every day at 10.30 a.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 7. The petitioner shall appear before the Magistrate concerned within a period of 15 days, failing which, the anticipatory bail granted shall stand automatically cancelled. Sd/- 17/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE, FOOD CELL, UTHAMAPALAYAM POLICE STATION, THENI. 5. THE INSEPCTOR OF POLICE, ALL WOMEN POLICE STATION, THENI DISTRICT. +1 CC to M/S. B.CHANDRAN Advocate SR.No.40071 ORDER IN CRL OP(MD) No.14928 of 2011 Date :17/11/2011 NSV/18.11.11/2P/7C https://hcservices.ecourts.gov.in/hcservices/