Yogesh Jiwatram Fulwani vs State Of Kerala

Viju Abraham, J

This is an application for anticipatory bail.

The petitioner is the 2nd accused in Crime No.684 of 2022 of Kunnamkulam Police Station, Thrissur District. The petitioner has reasonable apprehension that he may be arrested in the above said crime.

It is submitted by the learned counsel for the petitioner that the petitioner is a businessman who is the proprietor of J.P Paints and Chemicals, OLPAD Industries Estate, Surat, Gujarat. The business of the petitioner includes sale of paints and chemical items. The petitioner undertakes the wholesale distribution of branded paints and chemicals throughout the country. On 18-05-2022, the vehicle having No. KA-23-B-0753 containing the consignment being delivered to a client in Kunnamkulam, was intercepted by the squad of respondent around 9 pm near Kunnamkulam, Thrissur. The vehicle was carrying toilet cleaner having a quantity of 17,620 pieces. The driver of the vehicle was arrested and questioned and the consignments were detained by the respondent alleging that the toilet cleaner contained in the vehicle was fake and it was made at the company of the petitioner. The above Crime is registered by the respondent against the driver initially and now it is reliably learned that the respondent implicated the petitioner herein and an accused in the above case. All the consignments contained in the vehicle were illegally detained by the respondent alleging that forgery has been committed by the petitioner.

It is also submitted that the petitioner is falsely implicated in the above said crime. It is further submitted that the petitioner is having a registered company doing legal business throughout the country and he is not making fake products of any of the chemicals or branded products. The further case of the petitioner is that he is a distributor of paints and chemicals and the consignment which is the subject matter of the above case is purchased by the petitioner from one Classic Surgical, 3 RD, 301 Uma Bhavan, Gayathri Vibhag-4, Vatsaly Prajapatiwa, D1, Katangam, Surat, Gujarat-395004 and to substantiate the same the petitioner has produced Annexures A1 to A3, purchase bills.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The learned Public Prosecutor, upon instructions, submitted that the vehicle was intercepted and it was found that fake stickers were seen affixed which is in violation of the Copyright Act, 1957. It is further submitted that the petitioner has no other criminal antecedents

Considering the facts and circumstances of the case and nature of allegation, I am inclined to grant anticipatory bail to the petitioner.

In the result, this application is allowed. Petitioner shall surrender before the investigating officer in Crime N.684 of 2022 of Kunnamkulam police station on 06.09.2022 at 11 am and subject to interrogation on that day or any other days as directed by the Investigating Officer. It is directed that in the event of arrest of the petitioner in Crime No.684 of 2022 of Kunnamkulam police station, the petitioner shall be produced before the Jurisdictional Magistrate’s Court on the very same day and he shall be released on bail subject to the following conditions:-

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent local sureties each for the like-sum to the satisfaction of the Jurisdictional Court;

(ii) The petitioner shall appear before the investigating officer in Crime No.684 of 2022 of Kunnamkulam police station, as and when called for;

(iii) The petitioner shall not attempt to influence the defacto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.684 of 2022 of Kunnamkulam police station;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.684 of 2022 of Kunnamkulam police station may file an application before the jurisdictional Court, for cancellation of bail.

It is made clear that it is within the power of the police to investigate the matter and if necessary to effect recoveries on the information if any given by the petitioner even when the petitioner is on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. State (NCT of Delhi) and another (2020 (1) KHC 663).