✦ Madras High Court

THANGAMMAL @ MYDEEN MEERAL v. STATE

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Case at a glance

Provisions considered

Key paragraphs

  • Para 2525. Considering the facts and circumstances of the case and also considering the fact that the said contraband was seized, this court is constrained to grant anticipatory bail to the petitioner. 6. Accordingly, the petitioner is directed to be released on bail in the event…

Judgment

Cause title

1BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )Wednesday, the Twenty Eighth day of December Two Thousand ElevenPRESENTThe Hon`ble Mr.Justice S. RAJESWARANCRL OP(MD) No.17316 of 2011THANGAMMAL @ MYDEEN MEERAL ... PETITIONER

/ACCUSED-3 VsSTATE REP.BY ITSTHE INSPECTOR OF POLICE CSCID TIRUNELVELI, TIRUNELVELI DISTRICT, CRIME NO.500/2011 ... RESPONDENT

/COMPLAINANTFor Petitioner : M/S. K.GOVINDARAJAN AdvocateFor Respondent : MR. C.RAMESH, 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) TNCS Order 1982 read with 7(1) a (ii) of EC Act 1955 in Crime No.500 of 2011 on the file of the respondent police. She has approached this Court for anticipatory bail under Section 438 of Code of Criminal Procedure.

2.

Heard Mr.K.Govindarajan, learned counsel appearing for the petitioner and Mr.C.Ramesh, learned Additional Public Prosecutor appearing for the respondent State.

3.

The learned counsel for the petitioner would submit in his argument that the petitioner has been falsely implicated in this case. It is submitted that the petitioner has nothing to do with the alleged offence as stated in the complaint.

4.

The learned learned Additional Public Prosecutor would oppose the grant of anticipatory bail to the petitioner. He would submit that the petitioner was found in possession of PDS rice meant for PublicDistribution System. https://hcservices.ecourts.gov.in/hcservices/

25.

Considering the facts and circumstances of the case and also considering the fact that the said contraband was seized, this court is constrained to grant anticipatory bail to the petitioner. 6. Accordingly, the petitioner is directed to be released on bail in the event of her arrest or on her appearance before the Judicial Magistrateconcerned on the following conditions: (i) the petitioner shall deposit a sum of Rs.1,000/- (Rupees one thousand only) to the credit of Crime No.500 of 2011 before the JudicialMagistrate, No.II, Tirunelveli; (ii) on such deposit the petitioner executes a bond for a sum ofRs.10,000/- (Rupees Ten Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II,Tirunelveli, and on further condition that the petitioner shall appear before the Court concerned every day at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438Cr.P.C. scrupulously.7. The petitioner shall appear before the Magistrate concerned within aperiod of 15 days, failing which, the anticipatory bail granted shall stand automatically cancelled. sd/- 28/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO1 THE JUDICIAL MAGISTRATE NO.II, TIRUNELVELI2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI3 THE INSPECTOR OF POLICE, CSCID TIRUNELVELI, TIRUNELVELI DISTRICT4 THE ADDL.PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.+1. CC to M/S. K.GOVINDARAJAN Advocate SR.No.46149 ORDER IN CRL OP(MD) No.17316 of 2011 Date :28/12/2011TR : 29.12.2011: 2P/6C

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