IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 Bail Appl..No. 2740 of 2009() ----------------------------- CRIME NO.371/09 OF PANDALAM POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- SHAJI,S/O.AZEEZ RAWTHER,ALPHA HOUSE, MANGARAM MURI,PANDALAM VILLAGE. BY ADV. SRI. K.SHAJ RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.2740 of 2009 --------------------------------------------- Dated this the 28th day of July, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.371 of 2009 of Pandalam Police Station. 2. The offences alleged against the petitioner are under Sections 292(2)(b) of the Indian Penal Code and Sections 52A and 68A of the Copy Right Act. 3. The prosecution case is that on 27.4.2009, a search was conducted in the shop run by the petitioner. 1200 numbers of pirated CDs were found in the shop and obscene pictures were found in the computer system. At the time of the search, 50 blank CDs were found and necessary arrangements were seen made for taking copies in the blank CDs. The petitioner could not be arrested as he ran away from the scene. He apprehends arrest. 4. In the facts and circumstances of the case, I do not think that this is a fit case where anticipatory bail can be granted. The petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl