C.Pushpananthan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Ninth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.9287 of 2018 C.PUSHPANATHAN ... PETITIONER / ACCUSED NO.4 Vs 1 STATE REP.BY THE INSPECTOR OF POLICE KATTUPUTHUR POLICE STATION, TRICHY DISTRICT.
ÇRIME NO 233 OF 2017 2 THE DEPUTY SUPERINTENDENT OF POLICE, CB-CID, TRICHY RANGE, TRICHY CRIME NO. 1 OF 2018.
3 THE INSPECTOR OF POLICE, CB-CID, TRICHY RANGE, TRICHY.
CRIME NO.1 OF 2018 ... RESPONDENTS/ COMPLAINANTS For Petitioner : Mr.C.VAKEESWARAN, Advocate For Respondent : Mr.A.ROBINSON, Government Advocate(Crl.Side) For Intervenor : Mr.AMAL ANTONY, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of CB-CID, Trichy Range for the offences punishable under Sections 420 and 476 of I.P.C., r/w. Sections 29, 102(1)(a), 104 and 105 of Traade Marks Act,1999 in Crime No.1 of 2018, on the file of the respondent police and seeks anticipatory bail.
2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents.
3.The case was originally registered by Kattuputhur Police Station in Crime No.233 of 2017. Since, the de-facto complainant apprehended that the investigation was not proceedings on the right
lines, he moved this Court and following the orders of this Court, the investigation was transferred to CB-CID.
4.The petitioner has now been arrayed as the fourth accused. His involvement came to light following the confession made by the second accused. The second accused is running a firm in the name and style of Sri Vinayaga Hardwares. They have been selling PVC pipes to various governmental agencies.
5.The case of the de-facto complainant is that the second accused has been passing of his goods, as if they are Avon PVC Plastics. The confession of the second accused is to the effect that those fraudulently passed of materials were actually manufactured by the petitioner herein. This is a matter for investigation.
6.This Court is of the view that any grant of anticipatory bail would come in the way of proper investigation. The Deputy Superintendent of Police, CB-CID has stated in his status report that the PVC pipes seized by the local police have to be sent to the Plastic Testing Centre (PTC), Central Institute of Plastics Engineering and Technology (CIPET), T.V.K. Industrial Estate, Guindy, Chennai - 32, for comparison.
7.It is needless to mention that the petitioner will not be harassed without clinching materials. But, if the test reports are adverse to the petitioner, then of course, he will have to face the consequences.
8.With the above observations, this Criminal Original Petition stands dismissed.
sd/- 29/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE INSPECTOR OF POLICE KATTUPUTHUR POLICE STATION, TRICHY DISTRICT.
ÇRIME NO 233 OF 2017 2 THE DEPUTY SUPERINTENDENT OF POLICE, CB-CID, TRICHY RANGE, TRICHY CRIME NO. 1 OF 2018.
3 THE INSPECTOR OF POLICE, CB-CID, TRICHY RANGE, TRICHY.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.C.VAKEESWARAN Advocate SR.No.11698 +2 cc to Mr.A.AMAL ANTONY, Advocate SR.No.11710
ORDER
IN CRL OP(MD) No.9287 of 2018 Date :29/06/2018 SMA/PMI/ASVM/03.07.2018:3P/8C