Kumaran v. The State Rep By Its, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.02.2025 CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.4328 of 2025 Kumaran ... Petitioner

Versus

State rep by its The Inspector of Police, E-3, Minjur Police Station, Redhills District.

Crime No.77 of 2025 ... Respondent Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in Cr.No.77 of 2025 pending investigation on the file of the respondent police.

For petitioner : Mr.Yuvaraj B For Respondent : Mr.S.Santhosh, Government Advocate (Crl.Side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 318, 349, of BNS of 2023 and Section 51(b)(i), 63(a) of Copy Right of 1957 in Crime No.77 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was found in 1/5

possession of duplicate Surf Excel, Ariel and Tide products. Hence the case has been registered for the aforesaid offence.

3. Learned counsel appearing for the petitioner would submit that the allegations are false and in any case, contraband was seized and the custodial interrogation of the petitioner is not required for the purpose of investigation and sought for anticipatory bail. 4.

Learned Government Advocate (Crl. Side) appearing for the respondent Police reiterated the prosecution case and on instructions submitted that the contraband had already been seized.

5. Considering the nature of allegations against the petitioner that fact that contraband has been seized, this Court is of the view that custodial interrogation is not necessary. Hence, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy is made ready, before the Judicial 2/5

Magistrate Court-II, Ponneri on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that: [a] ]the petitioner shall report before the respondent police station daily at 10.30 a.m., until further orders. [b] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[c] the petitioner shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the Petitioner in accordance with law as if the conditions have been imposed and the Petitioner is released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

19.02.2025 Vv To

1. The Inspector of Police, 3/5

E-3, Minjur Police Station, Redhills District.

2. The Inspector of Police, E-3, Minjur Police Station, Redhills District.

3. The Public Prosecutor, High Court of Madras, Chennai.

SUNDER MOHAN, J.

Vv 4/5

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