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Madras High CourtCRL OP/9031/2017granted

A.T. Ravi, 47 Yrs, v. The Inspector Of Police,

2017-05-04Honourable Mr Justice P. Kalaiyarasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Fourth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr Justice P. KALAIYARASAN CRIMINAL ORIGINAL PETITION No.9031 of 2017 A.T. RAVI [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE, [ RESPONDENT ] VPC-CID, VELLORE, TAMIL NADU.

CR. NO. 142 OF 2017.

For Petitioner : MR.ALVIN MANOJ RAJ Advocate for M/S.RRN LEGAL Advocate For Respondent : MR. B.RAMESH BABU, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 51 r/w 63(a) of the Copyrights Act on the file of the respondent and seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with another accused in the shop V-Grand fashion in Bargur Town at Krishnagiri is selling duplicate shirts and trousers of the brands Van Heusen, Louis Philippe, Allen Solly, Peter England which are protected under the provisions of Copyright Act, 1957 and Trademark Act.

3. The learned counsel appearing for the petitioner submits that the co-accused has already been granted Anticipatory Bail, that the petitioner is having permanent residence, that the goods alleged to have been in violation of the copyright Act have been recovered and therefore, he may be granted Anticipatory Bail.

4. The learned Government Advocate (Crl. side) opposes the application contending that the investigation is not yet over, however, he concedes that the co-accused were granted Anticipatory Bail.

5. Considering the grant of Anticipatory Bail to the coaccused, recovery of the goods and the fact that the petitioner is having permanent residence, nature of the offence and the facts and

circumstances of this case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate No.I, Krishnagiri and on his 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 concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m for a period of two weeks and thereafter as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

7. The petitioner shall appear before the concerned Judicial 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/- 04/05/2017 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.I, KRISHNAGIRI.

2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, VPC-CID, VELLORE, TAMIL NADU.

+1CC to M/S.RRN LEGAL Advocate on payment of necessary charges SR NO.8336 CRL OP.9031/2017 Date :04/05/2017 MK:08/05/2017