Kannan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15.04.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Kannan ... Petitioner/Accused No.12 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Sivakasi East Police Station, Virudhunagar District.

Crime No.197 of 2025 ... Respondent/Complainant For Petitioner :

Mr.A.Balaji For Respondent :

Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023 PRAYER :- For Anticipatory Bail in Crime No.197 of 2025 on the file of the respondent-police. ORDER : The Court made the following order :- 1/6

This Criminal Original Petition has been filed by the petitioner on 26.03.2025 under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.

2. The petitioner apprehends arrest at the hands of the respondent-police for the offences punishable under Section 318(4) of Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No.197 of 2025 on the file of the respondent-police.

3. The case of the prosecution is that the accused persons have illegally counterfeited the defacto complainant's company's brand and trademark 'REDPORT' and manufactured crackers. Hence, the case.

4. Mr.A.Balaji, learned counsel appearing for the petitioner submits that the petitioner did not commit any offence as alleged by the prosecution and he has been falsely implicated in this case. However, to show his bonafide, the petitioner has filed an undertaking affidavit before this Court that he will not commit any act against the law. He however submits that the petitioner is ready to abide by any conditions to be imposed by this Court. Hence, he prays for grant of pre-arrest bail to the petitioner.

5. Per contra, Mr.S.S.Manoj, learned Government Advocate (Crl.Side) appearing for the respondent-police, on instructions, submits that the petitioner appeared before the respondent-Police and co-operated with the investigation. He 2/6

further submits that the custodial interrogation of the petitioner is not necessary for the investigation agency in this case.

6. Heard on both sides. This Court has perused the records.

7. In view of the submissions made by the learned Government Advocate (Crl. Side) and considering the fact that the petitioner has permanent residence and deep roots in the Society due to which there is less possibility of absconding and with a view to give an opportunity to the petitioner to reform himself, this Court is inclined to grant an order of pre-arrest bail to the petitioner subject to the following conditions:

(i) The petitioner shall be released on bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate No.II, Sivakasi, within a period of 15 days from the date on which the order copy is made ready, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned Judicial Magistrate No.II, Sivakasi; (ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate shall obtain a copy of any one of identity proofs to ensure their identity;

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(iii) The petitioner shall make himself available for interrogation by a police officer as and when required;

(iv) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (v) The petitioner shall not leave India without the previous permission of the Court;

(vi) Thereafter, the petitioner shall appear and sign before the respondentPolice weekly twice i.e., on every Monday and Friday at 10.30 a.m. until further orders;

(vii) The petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate No.II, Sivakasi; (viii) The petitioner shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence; and (ix) On breach of any of the aforementioned conditions, concerned Magistrate, or Trial Court as the case may be, is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

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8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

sd/- 15/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

MBI TO 1.THE JUDICIAL MAGISTRATE NO.II, SIVAKASI.

2.THE CHIEF JUDICIAL MAGISTRATE,SIVAKASI.

3.THE INSPECTOR OF POLICE, SIVAKASI EAST POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. CC to A.BALAJI Advocate SR.No.4250 (I)DT.16/04/2025 5/6

ORDER

IN CRL OP(MD) No.5757 of 2025 Date :15/04/2025 PR/16.05 .2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6