M. Lakshmikanthan v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.9843 of 2015 M. LAKSHMIKANTHAN ... PETITIONER / ACCUSED No.1 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, JUNCTION POLICE STATION, TIRUNELVELI, TIRUNELVELI DISTRICT.
CRIME NO.144/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.MARAN Advocate For Respondent : M/S.K.V.RAJARAJAN, Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as A1, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 52(A) r/w 68(A) of Copy Right Act in Crime No. 144 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that the accused were found in possession of 150 new cinema DVDs.
3.The learned counsel for the petitioner submitted that the petitioner is a licensee and he is having musical shop and selling DVSs as per the Rules. It is further submitted that the accused 2 to 4 were already arrested and released on bail.
4.The learned Government Advocate(Crl.side) submitted that the petitioner is the owner of the shop and new DVDs were recovered from the shop of the petitioner and the petitioner is having two previous cases.
5. The learned counsel for the petitioner submitted that in earlier two cases, the petitioner was acquitted after full pledged trial.
6. Considering the nature of allegations, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.IV, Tirunelveli, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like https://hcservices.ecourts.gov.in/hcservices/
sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.
8. The petitioner shall appear before the concerned 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/- 04/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.IV, TIRUNELVELI. 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE INSPECTOR OF POLICE, JUNCTION POLICE STATION, TIRUNELVELI, TIRUNELVELI DT. +1. CC to M/S.M.MARAN Advocate SR.No. 28414. TS/09.06.2015/2P-6C
ORDER
IN CRL OP(MD) No.9843 of 2015 Date :04/06/2015 https://hcservices.ecourts.gov.in/hcservices/