Madras High CourtCRL OP/9087/2017granted

Jogilal, Aged 70 Yrs v. The State Rep.By

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.9087 of 2017 JOGILAL [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VPC/ CBCIED/ UNIT-I, AYNAVARAM, CHENNAI CR.NO.105 OF 2017.

For Petitioner : M/S.E.KOTTEESWARAN Advocate For Respondent : MR. B.RAMESH BABU, Govt. Advocate ( Crl. Side) 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 offences punishable under Sections 51 (b) (i) r/w 63 of the Copyright Act, 1957 on the file of the respondent and seeks anticipatory bail.

2. The case of the prosecution is that the petitioner has been selling duplicate Dowells company electrical products and therefore, committed the offence punishable under the Copyright Act.

3. The learned counsel appearing for the petitioner submits that the petitioner is having permanent residence, that all the goods alleged to have been in violation of the Copyright Act have been seized 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.

5. Considering the nature of the offence, recovery of the goods alleged to have been in violation of Copyright Act, the fact that the petitioner is also having permanent residence 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 XI Metropolitan Magistrate, Saidapet, 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 METROPOLITAN MAGISTRATE, XI, SAIDAPET.

2 THE CHIEF METROPOLITAN MAGISTRARE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, VPC/ CBCIED/ UNIT-I, AYNAVARAM, CHENNAI.

+1 CC to M/S.E.KOTTEESWARAN Advocate on payment of necessary charges SR.NO.8387 CRL OP.9087/2017 Date :04/05/2017 PTI-09/05/2017