IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 Bail Appl..No. 7471 of 2009() ----------------------------- CRIME NO.525/2009 OF POONTHURA POLICE STATION, THIRUVANANTHAPURAM PETITIONER/2ND ACCUSED ------------------------------------------ SHAJI, AGED 22 YEARS, S/O.SREEDHARAN, PADIPURA PUTHEN VEEDU, KARUKKAMOOLA, KANJAMPAZHAJI, THIRUVANANTHAPURAM VILLAGE. BY ADV. SRI.BLAZE K.JOSE RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKUOAM REPRESENTING, SUB INSPECTOR OF POLICE, POONTHURA POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7471 of 2009 --------------------------------------------- Dated this the 22nd day of December, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.525 of 2009 of Poonthura Police Station, Thiruvananthapuram District. 2. The offences alleged against the petitioner are under Sections 51(1)(a), 51(1)(b)(i), 52(A) and Section 68(A) of the Copy Right Act and Section 420 read with Section 34 of the Indian Penal Code. 3. The gist of the prosecution case is the following: On 20.11.2009, the car driven by the first accused was intercepted by the police. On inspection, certain courier bags were found inside the car. The first accused stated to the police that he is an employee in the courier service. However, he could not show any valid documents for the same. On inspection of the bags, pirated compact disks in respect of recently released Malayalam films were found. When the police party was conducting inspection, another car came to the place. That car was being driven by the second accused, who is the brother of the first BA No.7471/2009 2 accused. On seeing the police party, the second accused (petitioner herein) ran away abandoning the car. On inspection of that car, six DVD writers and hard disks were found. It was also revealed that the number plates in the front side and rear side of the vehicle were different. A fake number was put on the front side of the vehicle. 4. The first accused was arrested and he was later released on bail. The second accused apprehends arrest and therefore, he filed this application for anticipatory bail. 5. It is submitted by the learned Public Prosecutor that custodial interrogation of the petitioner is absolutely essential in the case. 6. Taking into account the facts and circumstances of the case, nature of the offence and other circumstances, I do not think that the petitioner is entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. If anticipatory bail is granted to the petitioner, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE csl