IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 Crl.MC.No. 2434 of 2010() ------------------------- CMP.1339/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, TRIVANDRUM .................... PETITIONER/ACCUSED: --------------- ANIRUDHAN PILLAI, S/O.MURALIDHARAN PILLAI ANU BHAVAN, KAINELI BHAGAM VILLAGE, KARUNAGAPPALLY, KOLLAM. BY ADV. SRI.SUMAN CHAKRAVARTHY SMT.K.R.RIJA RESPONDENT/STATE: --------------- THE STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. -------------------------------------- Crl.M.C.No.2434 of 2010 --------------------------------------- Dated this the 9th day of July, 2010 ORDER Petitioner who is the accused in Crime No.208/2010 of Poonthura Police Station for offences punishable under Sections 51(1)(a), 51(1)(b)(I), 52A and 68 A of the Copy Right Act, 1957 challenges Annexure-D order dated 16/6/2010 passed by the Judicial Magistrate of the First Class-II, Thiruvananthapuram rejecting the petitioner's application filed as C.M.P.1339/2010 for interim custody of the electrical and electronics items seized from the petitioners. The reason given by the court below was that there was every possibility of the petitioner repeating the offence if the properties were given on interim custody to the petitioner. That is a reason which can be said in respect of any property produced in court in connection with any criminal case. In the light of the decision of the apex court Sundarbai Ambalal Desai Vs. State of Gujarat AIR 2003(SC)638, I am inclined to allow the petition filed by the petitioner for interim custody especially when the prosecution has no case that those properties are required for any further investigation. Crl.M.C.No.2434/2010 : 2 : Accordingly C.M.P.No.1339/2010 filed before the court below shall stand allowed on the petitioner executing a bond for an appropriate amount to be fixed by the court below with two solvent sureties each for the like amount to the satisfaction of the court below and on undertaking that the petitioner shall not commit any offence with the properties given to him on interim custody and he shall produce those properties as and when required by the court. V.RAMKUMAR, JUDGE skj