Khimraj, Aged 57 Years, v. The State Rep. By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Sixth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL ORIGINAL PETITION No.13540 of 2018 KHIMRAJ [ PETITIONER / ACCUSED ] Vs THE STATE REP. BY, [ RESPONDENT ] THE INSPECTOR OF POLICE, IPR ENFORCEMENT CELL UNIT-I, AYNAVARAM, CHENNAI.

CR.NO. 90 OF 2018.

For Petitioner : M/S.S.V.D.RAJENDRA PRASAD Advocate For Respondent : MR. C.IYYAPPARAJ, ADDL. PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 51 (b) (i) r/w 63 of Copyright Act 1957 in Crime No.90 of 2018, seeks anticipatory bail.

2. The case of the prosecution is that on 08.05.2018, the petitioner was found selling duplicate ELLE 18 Nail polish and on seeing the police he fled away from the scene of occurrence.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case and that he has no previous case against him.

4. The learned Additional Public Prosecutor would submit that the petitioner was found selling duplicate Nail polish worth about Rs.6,482/-and on seeing the police he ran away from the scene of occurrence. He would also submit that there is no previous case as against the petitioner.

5. Taking into consideration the facts of the case and the submissions made by the learned counsels on either side, I am 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 of receipt of a copy of this order, before the learned XI Metropolitan Magistrate, Saidapet, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that:

[a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.

[b] the petitioner shall report before the respondent police daily at 10.30.a.m until further orders.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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

[e] 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 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 06/06/2018 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, NO.XI,SAIDAPET

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

4 THE INSPECTOR OF POLICE, IPR ENFORCEMENT CELL UNIT-I, AYNAVARAM, CHENNAI.

+1 CC to M/S.S.V.D.RAJENDRA PRASAD Advocate on payment of necessary charges SR.NO. 10127 CRL OP.13540/2018 Date :06/06/2018 RD 11/06/2018