K. Sundararaj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9276 of 2016 K. SUNDARARAJ ... PETITIONER/ACCUSED No.1 Vs STATE REP BY THE INSPECTOR OF POLICE USILAMPATTI TOWN POLICE STATION, USILAMPATTI,MADURAI DISTRICT.

IN CRIME NO. 292 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S G.RADHAKRISHNAN Advocate For Respondent : MR.K.ANBARASAN 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, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 420,482 and 486 of IPC and Section 103(A) and 104 of Trade Mark Act, 1999, in Crime No.292 of 2016 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner using the brand name and labels of the defacto complainant and selling without the permission of the defacto complainant. On complaint, a case has been registered against the petitioner.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is running a Beedi business in the name and style of "Selvan Beedi". Due to the business rivalry, the defacto complainant has given a false complaint against the petitioner and prays for anticipatory bail in favour of the petitioner.

4. The learned Government Advocate (Crl.Side) submitted that already the Beedi bundles are seized and investigation of the case is pending.

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5.Considering the facts and circumstances of the case and also considering the fact that the Beedi Bundles are seized, 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-I, Usilampatti, Madurai District and 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 daily at 10.00 a.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. 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/- 15/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I,USILAMPATTI, MADURAI 2 THE CHIEF JUDICIAL MAGISTRATE,MADURAI 3 THE INSPECTOR OF POLICE USILAMPATTI TOWN POLICE STATION,USILAMPATTI,MADURAI DISTRICT. 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S G.RADHAKRISHNAN Advocate SR.No.30565

ORDER

IN CRL OP(MD) No.9276 of 2016 Date :15/06/2016 AA/SK-SKN/SAR-I/17.06.2016/2p-6c https://hcservices.ecourts.gov.in/hcservices/