IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND MAY 2008 / 12TH VAISAKHA 1930 Bail Appl..No. 2750 of 2008() ----------------------------- CRIME NO.357/08 OF KAYAKULAM POLICE STATION PETITIONER/ACCUSED ----------------------------------- CHANDRA MOHANAN PILLAI, AGED.50 YEARS, SREE SHILPAM HOUSE, PERINGALA MURI, KAYAMKULAM. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENTS: COMPLAINANT ------------------------ 1. SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION. 2. THE STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------- B.A. NO. 2750 of 2008 ------------------------------------------- Dated this the 2nd day of May, 2008 ORDER Application for anticipatory bail. The petitioner faces allegations under the Copy Right Act. Two sets of C.Ds. - 4 in number in all in respect of two Malayalam movies, were allegedly recovered from the premises of the petitioner on 18/4/08. A crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He had no clue that the said C.Ds. were offending the provisions of the Copy Right Act and in any view of the matter, the petitioner does not deserve to endure the trauma of arrest and detention, submits the learned counsel for the petitioner, 3. The learned Public Prosecutor does not oppose the said prayer and I am satisfied that directions under Sec.438 B.A. NO. 2750 of 2008 -: 2 :- can be issued in favour of the petitioner. 4. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioner shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 9/5/08. He shall be released on regular bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 10/5/08 and thereafter as and when directed by the Investigating Officer in writing to do so. (iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law as if these directions were not issued at all. (iv) If the petitioner were arrested prior to his surrender B.A. NO. 2750 of 2008 -: 3 :- on 9/5/08 as directed in clause (i) above, he shall be released on his executing a bond for Rs.25,000/- without any sureties undertaking to appear before the learned Magistrate on 9/5/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge