IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 Bail Appl..No. 3230 of 2009() ---------------------------------------- CRIME NO.309/2009 OF ARANMULA POLICE STATION. PETITIONER/SOLE ACCUSED ------------------------------------------- SAMJI, AGED 59 YEARS, KURUMTHOTTICAL HOUSE, KOZHENCHERRY. BY ADV. SRI.ARUN.B.VARGHESE RESPONDENTS/COMPLAINANT ------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, ARANMULA POLICE STATION, ARANMULA, PATHANAMTHITTA DISTRICT. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3230 of 2009 ------------------------------------ Dated this the 7th day of July, 2009 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 accused in Crime No.309/2009 of Aranmula Police Station. 2. The offences alleged against the petitioner are under Sections 52A, 63 and 68A of the Copy Right Act. 3. The prosecution case is that seven numbers of Video CDS of Malayalam films were seized from the shop of the petitioner and that those CDs were not authorised copies. The learned counsel for the petitioner submitted that the petitioner is running a Super Market and that he had purchased the CDs from authorised agents. These are all matters to be considered by the investigating agency and if necessary at the time of trial. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the B.A. No.3230 /2009 Page numbers arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M. on all Mondays, till the final report is filed or until further orders; B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm