IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 Bail Appl..No. 5039 of 2008() ----------------------------- CRMP.5045/2008 of J.M.F.C.,THIRUVALLA CRIME NO.534/2008 OF THIRUVALLA POLICE STATION PETITIONER/ 1ST ACCUSED ---------------------------------------- VASU, S/O.KARUPPUSWAMI, DOOR NO.7, ALLANKULAM, THENKASHI, TAMILNADU. BY ADV. SRI.K.R.SUNIL RESPONDENT: COMPLAINANT ------------------------ THE SUB INSPECTOR OF POLICE, THIRUVALLA POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No.5039 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of August, 2008 O R D E R Application for bail. 2. The alleged offences are under sections 52(A) read with section 68(A) of Indian Copy Right Act, section 292(2), (c) IPC and section 3(1)(g) of the Young Person Harmful Prohibition Act. Petitioner was arrested 20-7-2008 and he is in custody since then. 580 CDs were recovered from a room occupied by the petitioner and those contained obscene matter, which were intended for circulation. 3. Learned counsel for the petitioner submitted that the articles were seized from a closed room and the petitioner was not available in the room. Except the offence falling under the Indian Copy Right Act, other offences are all bailable, it is submitted. 4. The application is opposed. Learned Public Prosecutor submitted that the room from which the CDs were sized was in possession of the petitioner. Though he BA 5039/08 -2- was not available at the time of seizure, there is evidence that the room was rented out to the petitioner and he was in occupation of the same. It is also submitted that he was involved in a similar offence earlier also. While granting bail in the earlier case, there was a condition that he shall not commit any similar offence while on bail. Learned Magistrate took those facts into consideration and found that the present crime was committed during the period in which the petitioner was on bail and hence the bail application was dismissed. 5. On hearing both sides, I find that the dismissal of the bail application was proper. I do not find any reason to come to a different conclusion. Hence, I am not inclined to grant bail to the petitioner at this stage. The application is dismissed. K. HEMA, JUDGE. mn.