Sulthan Arifa Alias Arifa v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2025 Coram:

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Sulthan Arifa @ Arifa ... Petitioner Vs.

The State rep. by The Inspector of Police Intellectual Property Rights Enforcement Cell, IPREC Salem District (Crime No.7 of 2025) ... Respondent Prayer: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in Crime No.7 of 2025 on the file of the respondent police. For Petitioner : Mr.Franklin J For Respondent : Mr.S.Udayakumar Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 51b(i) and 63(a) of Copyright Act, 1957 in Crime No.7 of 2025 on the file of respondent police,

seeks anticipatory bail.

2. The case of the prosecution is that the petitioner created a brand in the name of 'TITO' cool drinks by infringing the artistic work of 'TILO' brand cool drinks pertaining to the defacto complainant. Hence, this case.

3. The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and she has been falsely implicated in this case. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent raised objections stating that the petitioner has got one previous case of similar nature whereby she infringed the copy right of other cool drink brand without the permission of its owner.

5. Considering the facts and circumstances of the case and the fact that the petitioner has got one previous case of similar in nature, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 11.09.2025 ksa-2 Index:Yes/No

Speaking/Non-speaking order Internet:Yes

To 1.The Judicial Magistrate No.IV, Salem 2.The Inspector of Police Intellectual Property Rights Enforcement Cell, IPREC Salem District

3. The Public Prosecutor, High Court, Madras

T.V.THAMILSELVI J.

ksa-2 11.09.2025