IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 Bail Appl..No. 5090 of 2008() ----------------------------- CRIME NO.534/08 OF THIRUVALLA POLICE STATION PETITIONER : 2ND ACCUSED: ----------------------------- KUNJUMON, S/O.SUBAIRKUTTY, AGED 28, PADIPURATHEKKETHIL, KAYAMKULAM MURI, KAYAMKULAM VILLAGE. BY ADV. SRI.K.R.SUNIL RESPONDENTS: COMPLAINANT: ------------------------- THE SUB INSPECTOR OF POLICE, THIRUVALLA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 5090 of 2008 ----------------------------------------- Dated this the 25th August, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 52A read with 8A of the Indian Copy Right Act, 292(2) of Indian Penal Code and 3(i) (g) of the Young Persons Harmful Prohibition Act, 1956. Petitioner is the second accused in the crime. According to prosecution, first accused and the petitioner were in possession of obscene CDs and a crime was registered against the petitioner and first accused. First accused was arrested from the spot. 3. Learned counsel for petitioner submitted that the petitioner has nothing to do with room No.119, from where the obscene CDs were allegedly seized. Petitioner is in occupation of room No.118, from where no CDs were seized. The petitioner apprehends arrest in connection with this crime and hence this petition. 4. This petition is opposed. Learned Public Prosecutor submitted that the case diary shows that the petitioner and the first accused have close connection with each other and it was on the introduction of the first accused by the petitioner that the room was given to the first accused from which the CDs were seized. As per the statement given by the first accused, the second accused has BA.5090/08 2 connection with the crime and the CDs belonged to the petitioner also. Petitioner is also involved in other case of similar nature. The investigation is going on and hence, it may not be proper to grant anticipatory bail to the petitioner. 4. On hearing both sides, I am satisfied that in the nature of the allegations made, it may not be proper to grant anticipatory bail to the petitioner. This petition is dismissed. K.HEMA, JUDGE vgs.