IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 Bail Appl..No. 456 of 2008() ---------------------------- [CRIME NO.22/2008 OF PARAVUR POLICE STATION : PETITIONER/ACCUSED: ------------------------------------ KRISHNANKUTTY, AGED 46 YEARS, S/O. GOPALA PILLAI, PROPRIETOR, 'ARANGH' VIDEO LIBRARY JUNCTION, SOUTH PARAVUR, KOLLAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENTS: COMPLAINANT: ------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PARAVUR POLICE STATION. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.456 of 2008 ---------------------------------------- Dated this the 25th day of January 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations under the Copy Right Act. He has allegedly kept in his possession 10 CDs over which he has no copy right. Seizure took place on 07/01/2008. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioner can be granted anticipatory bail subject to appropriate terms and conditions. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail. 3. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 01/02/2008. He shall be released on regular bail on condition that he executes a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. B.A.No.456/08 2 ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 3 p.m on 02/02/2008 and 04/02/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioner shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of one month and subsequently 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 he were arrested prior to 01/02/2008, he shall be released from custody on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) without any sureties, undertaking to appear before the learned Magistrate on 01/02/2008. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr B.A.No.456/08 3 B.A.No.456/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007