IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 Bail Appl..No. 166 of 2010() ------------------------------------- CRIME NO.525 OF 2009 OF POONTHURA POLICE STATION, THIRUVANANTHAPURAM. PETITIONER/ACCUSED NO.2: ------------------------------------------- SHAJI, AGED 22 YEARS, S/O.SREEDHARAN, PADIPURA PUTHEN VEEDU, KARUKKAMOOLA, KANJAMPAZHAJI, THIRUVANANTHAPURAM. BY ADV. SRI.D.VIJAYAKUMAR RESPONDENT/STATE: -------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.525 OF 2009 OF POONTHURA POLICE STATION). SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. T. SANKARAN, J. ------------------------- B.A. No. 166 of 2010 ------------------------------- Dated this the 25th day of January, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the second accused in Crime No.525/2009 of Poonthura Police Station, Thiruvananthapuram. 2. The offences alleged against the petitioner are under Sections 51(1)(a), 51(1)(b), 52A and 68 A of the Copy Right Act and Section 420 of the Indian Penal Code. 3. The gist of the prosecution case is the following: On 20/11/2009, the Sub Inspector of Police, Poonthura Police Station was conducting search of vehicles. At about 12 noon, KL 01 N 6720 Ambassador car reached the spot. The car was inspected. On inspection, several packets were found inside the car, all of which were addressed to several addresses of Bima Pally. At that time, another Wagon R car with number plate showing registration number as KL 19A 348 on the front side and registration number KL 19 A 3488 on the rear side, came to the spot. On seeing the police, the person who was inside the car ran B.A. No. 166 /2010 2 away. The person who was found in the ambassador car stated to the police that the person who ran away was his brother. On a search of the car, several incriminating articles were found. It is alleged that inside the car, C.D. writers and several pirate CDs and DVDs were found. The crime was accordingly registered. 4. The allegations levelled against the petitioner are grave in nature. A detailed investigation is required with the assistance of the personnel who know the technical aspects of the offence. Custodial interrogation of the petitioner is required in the case for the smooth and proper investigation of the case. If the petitioner is granted bail, it would adversely affect the proper investigation of the case. I do not think that this is a fit case where the discretionary relief under Section 438 of the Code of Criminal Procedure should be granted in favour of the petitioner. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm