IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 Bail Appl..No. 7991 of 2008(B) ------------------------------------- CRIME NO.436/2008 OF ERATTUPETTA POLICE STATION PETITIONERS/ACCUSED 1 AND 2 : ----------------------------------------- 1. P.S. RAFEEQ, PATTARUPARAMBIL, ERATTUPETTA. 2. ABDUL SHUKOOR, KOCHALUPARAMBIL, ERATTUPETTA BUS STAND, ERATTUPETTA. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENT : ----------------- STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULM. PUBLIC PROSECUTOR MR.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------- B.A. No.7991 OF 2008 ---------------------------------- Dated this the 12th day of February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 51 read with 63 and 52A read with 68A of the Copy Right Act. According to prosecution, 3380 CDs were seized from a building, which is rented out to petitioners on the allegation that fake CDs are being created and some blank CDs are kept for creating fake CDs etc. and a crime was registered. Accused were not present at the place and hence, no arrest could be effected. The seizure was effected. The detection of the crime was on 08.12.2008 at about 5.30 p.m. 3. Learned counsel for petitioners submitted that no fake CDs were available and no such CDs were seized. Out of the CDs seized, 3150 CDs were blank CDs. Petitioners are not engaged in creating any fake CDs, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that in the light of the submissions made, petitioners were directed to surrender before the investigating officer for interrogation on 10.02.2009 and they accordingly B.A.No.7991 of 2008 2 surrendered and they were interrogated. On interrogation, no satisfactory materials could be obtained from them as to how they were creating fake CDs etc. and this is not a fit case to grant anticipatory bail, it is submitted. On hearing both sides, considering the serious nature of the allegations made, I am satisfied that this is not a fit case to grant anticipatory bail. I am also satisfied that petitioners are required for custodial interrogation and if anticipatory is granted, it may not be possible. Hence, I am not inclined to grant anticipatory bail and the following order is passed : i) Petitioners shall surrender before the investigating officer forthwith and co-operate with the investigation. Whether they surrender or not, police is at liberty to arrest them and proceed in accordance with law. ii) No further application for anticipatory bail by petitioners in this crime will be entertained. The petition is dismissed. K.HEMA, JUDGE pac