JUDGEMENT
V.S.DAVE, J. -
(1.) THIS is an application for anticipatory bail in
a case registered at Police Station Salavatpura, district. Surat
(Gujarat) under sections 486 and 114 IPC and section 63, 78 and 79 of the
Trade Marks Act in F.I.R. No. 94/88 dated 15.3.88. I am afraid a blanket
order under section 438 Criminal Procedure Code cannot be passed by this
Court. However, in the facts and circumstances of the present case, I
deem it proper to give protection to the petitioner for the time being
till he presents himself before the Investigating Officer. I accordingly
issue directions that the petitioner shall on or before 27.6.1988
surrender before S.H.O., Police Station Salavatpur district Surat and
make available himself for interrogation. It will be open to S.H.O.,
Police Station Salavatpur to produce the petitioner before the concerned
Magistrate forthwith. Meanwhile it is directed that if on or before
27.6.88 the petitioner is arrested in F.I.R. No. 94/88 dated 15.3 88 of Police Station Salavatpura district Surat, then he shall be released on
bail provided he executes a bond in the sum of Rs. 2,000/ - with one
surety in the like amount to the satisfaction of the SHO/ AO/10 on the
following conditions:
(a) that the petitioner shall make himself available for interrogation by a police officer as and when required; (b) that the petitioner shall not directly, or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the court, or any police offence; and (c) that the petitioner shall leave India without the previous permission of the Court.
(2.) LEARNED counsel submits that it may be observed in the order that he will be free to move a similar application in the High Court of
Gujarat. Such observations, I am afraid, cannot be made since it is his
will he may seek any remedy to which he is entitled under law.
Order accordingly.;
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