Madras High CourtCRL OP(MD)/4869/2017ordered

Gopal, v. The Inspector Of Police,

2017-04-21Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty First day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.4869 of 2017 GOPAL ... PETITIONER/ACCUSED NO.I Vs STATE REPRESENTED BY, THE INSPECTOR OF POLICE, VIRUDHUNAGAR WEST POLICE STATION, VIRUDHUNAGAR DISTRICT.

CRIME NO.303/2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.RAMASAMY Advocate For Respondent : MRS.S.PRABHA, 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 accused No.1 in Crime No.303 of 2017 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 52 (A), 68(a) of Copy Right Act, 1957 and hence, seeks anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. Side) for the respondent/State. 3.The case of the prosecution is that the petitioner is said to have sold new film CD.

4.The learned Government Advocate(Crl. Side) on instructions would submit that there are totally two accused in this case. A2 was arrested and released on bail by the Sessions Court in Crl.M.P.No.1471 of 2017 on 06.04.2017. In respect of this petitioner, the anticipatory bail petition was dismissed by the Sessions Court and that there is no previous case against the petitioner.

5.The learned counsel appearing for the petitioner states that the petitioner is innocent and he has nothing to do with the alleged occurrence.

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6.Considering the facts and circumstances of the case and also considering the fact that there is no previous case against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. 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.I, Virudhaunagar 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 Magistrate concerned and on further condition that the petitioner shall appear before the respondent police once in a week i.e. on every Monday at 10.30 a.m., until further orders, for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 7.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/- 21/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I,VIRUDHUNAGAR. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, VIRUDHUNAGAR WEST POLICE STATION, VIRUDHUNAGAR DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.RAMASAMY Advocate SR.No.20796 RJ2 CSL/BS/SAR-II/25.04.2017 :2P/6C

ORDER

IN CRL OP(MD) No.4869 of 2017 Date :21/04/2017 https://hcservices.ecourts.gov.in/hcservices/