Meera Mydeen v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/12/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Meera Mydeen ... Petitioner/Accused No.2 Vs The State rep.by The Inspector of Police, Periyakulam Police Station, Theni District.

(Crime No.264/2022).

... Respondent/Complainant For Petitioner : M/s.Manimaran K R, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.264/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.2, who was arrested on 15.11.2022 for the alleged offences under Sections 420, 482, 483 & 486 of IPC and Section 103(a) & 104 of Trade Marks Act, 1999, in Crime No.264 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the defacto complainant is the Manager of M/s.Raja Plast Company. He is having dealership of No. 10 A.S. Photo Beedi Company. On inspection, the petitioner was found in possession of 160 bundles of fake beedies using their brand name. On enquiry, it was found that the petitioner and the other accused said to have fabricated the label of No. 10 A.S. Photo Beedi Company and sold fake beedies of lesser quality using brant name without their consent and caused heavy loss to the Company. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any 1/3

offence as alleged by the prosecution. It is a dispute only between the defacto complainant and the first accused and no previous case is pending against the petitioner. Hence, he prays for grant of bail to the petitioner.

4.The learned Additional Public Prosecutor submitted that the petitioner only created fake labels in respect of No. 10 A.S. Photo Beedi Company and transported the same. However, there is no previous case against the petitioner.

5.Considering the period of incarceration and also considering the fact that no bad antecedent is reported against the petitioner, this Court is inclined to grant bail to the petitioner with stringent conditions.

6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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 Judicial Magistrate, Periyakulam, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 02/12/2022 / TRUE COPY / 02/12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE, PERIYAKULAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3 THE OFFICER INCHARGE, SUB JAIL, PERIYAKULAM.

4 THE INSPECTOR OF POLICE, PERIYAKULAM POLICE STATION, THENI DISTRICT.

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

+1. CC to M/S.MANIMARAN K R Advocate SR.No.14251 ORDER IN CRL OP(MD) No.21378 of 2022 Date :02/12/2022 DSS SA/VR/SAR.1/02.12.2022/3P/7C 3/3