M.Lakshmikanthan v. the Sub- Inspector of Police
Case brief
What is this about?
Criminal Miscellaneous petition filed by Piran Society in Madras High Court, Madurai Bench for directions regarding pension and retirement benefits.
Criminal Miscellaneous petition filed by Piran Society in Madras High Court, Madurai Bench for directions regarding pension and retirement benefits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Monday, the Twentieth day of October Two Thousand Fourteen
PRESENT
The Hon`ble Mr Justice G.CHOCKALINGAM
CRL OP(MD) No.16983 of 2014
M.LAKSHMIKANTHAN ... PETITIONER/ ACCUSED No.1
THE STATE REP.BY
THE SUB-INSPECTOR OF POLICE, JUNCTION POLICE STATION, TIRUNELVELI, TIRUNELVELI DISTRICT. CRIME NO.709 OF 2014 ... RESPONDENT / COMPLAINANT
For Petitioner : M/S.M.MARAN Advocate
For Respondent : MR.P.KANNI DEVAN, Govt. Advocate (Criminal Side)
PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioner, who is arrayed as A1 apprehends arrest at the hands of the respondent police for the alleged offence punishable under section 52(A) r/w 68(A) of Copyright Act, in Crime No.709 of 2014, on the file of the respondent police and hence, seeks anticipatory bail.
2.The case of the prosecution is that the accused were found in possession of new cinema DVDs.
3.The learned counsel 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 the owner of the shop and he has been implicated only on the basis of the confession given by A2.
4.Heard the learned Government Advocate (Criminal side) appearing for the respondent.
5.Considering the nature of the allegation made against the https://hcservices.ecourts.gov.in/hcservices/ petitioner, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.
6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.IV, Tirunelveli 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. for a period of four weeks and thereafter as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
7.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/-
20/10/2014 / TRUE COPY /
TO
ORDER IN
msm 30.10.2014 p2/6c
1 issue framed by the court
Whether bail should be granted to the petitioner apprehending arrest under sections 52A read with 68A of the Copyright Act.
2 provisions across 2 enactments
M.LAKSHMIKANTHAN
THE STATE REPS.
G.CHOCKALINGAM
As recorded by the court registry
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