IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 Bail Appl..No. 7989 of 2008() ----------------------------- CRIME NO.715/2008 OF KORATTY POLICE STATION PETITIONER (S): 2ND ACCUSED:- -------------------- NIJO PAUL, AGED 24 YEARS, S/O. T.D. PAUL, THATTIL HOUSE, WEST ANGADY, KORATTY,TRICHUR DIST. BY ADV. SRI.JESWIN P.VARGHESE RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKLAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7989 of 2008 ----------------------------------------- Dated this the 15th January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 52A r/w 68A and 63(A) of the Copy Right Act and 4 and 6 of the Indecent Representation of Women (Prohibition) Act and 292(2)(a) of the Indian Penal Code. According to prosecution, pirated video CDs were seized from the shop of first accused and he was arrested from the spot on 5.12.2008. On investigation, it is revealed that those CDs were supplied by accused 2 and 3 in bulk. 3. Learned counsel for petitioner submitted that petitioner is only a student and he had worked in a different cassette shop on part-time basis and during that time there was some dispute between video library owners and that is the only reason why petitioner is implicated falsely in the case. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioner allegedly supplied the pirated CDs in bulk to first accused and if anticipatory bail is granted, it is BA.7989/08 2 likely that investigation will be adversely affected. Petitioner is required for interrogation. 5. On hearing both sides, I am satisfied of the submissions made by learned Public Prosecutor and I do not think it fit to grant anticipatory bail. Petitioner is directed to surrender before the investigating officer and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.