A.Selvaraj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twentieth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16892 of 2018 A.SELVARAJ ... PETITIONER / ACCUSED 1 & 2 Vs STATE THROUGH THE INSPECTOR OF POLICE, SURANDAI POLICE STATION, TIRUNELVELI DISTRICT.
CRIMW NO.376 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.A.SANKARARAMASUBRAMANIAN Advocate For Respondent : Mr.V.NEELAKANDAN, Additional Public Prosecutor. PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the offence punishable under Section 420 IPC and Sections 103(a) and 104 of Trade Marks Act, in Crime No.376 of 2018, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 15.09.2018, the respondent police conducted regular check up, at that time, the petitioner transported an unauthorized falsified Beedi bundles shows like some famous Beedi company. Hence, a case has been registered. 3.The learned counsel appearing for the petitioner would submit that no offence is made out as against the petitioner. 4.The learned Additional Public Prosecutor appearing for the respondent submitted that the investigation is pending.
5. It is seen from the F.I.R that the petitioner is manufactured Beedi and labelled other trade mark and sold out the same. The averments are not made out as against the petitioner. If at all, the de-facto complainant want to take action, he has to file only suit for infringement for his trade mark. https://hcservices.ecourts.gov.in/hcservices/ 5.Taking note of the facts and circumstances, 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 Court, Alangulam, Tirunelveli 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 as and when required for interrogation. The petitioner shall comply with the conditions 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 shall stand dismissed.
sd/- 20/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE COURT, ALANGULAM,TIRUNELVELI DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI,TIRUNELVELI DISTRICT.
3 THE INSPECTOR OF POLICE SURANDAI POLICE STATION, TIRUNELVELI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.A.SANKARARAMASUBRAMANIAN Advocate SR.No.17965 PS/PN/SAR-2:27/09/2018:2P6C
ORDER
IN CRL OP(MD) No.16892 of 2018 Date :20/09/2018 https://hcservices.ecourts.gov.in/hcservices/