Thirumanikandan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty First day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.12285 of 2016 1 THIRUMANIKANDAN 2 RAMACHANDRAN ... PETITIONERS/ ACCUSED Nos.1 & 2 Vs THE STATE REP. BY THE INSPECTOR OF POLICE ANTI VIDEO PIRACY CELL POLICE STATION, TIRUNELVELI.

(CRIME NO. 116 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S T.A.EBENEZER Advocate For Respondent : Mr.P.Kannithevan, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.1 and 2, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 51 r/w 63 of Copy Rights Act, 1957 and 7(1)(a) of Cinematography Act, 1952, in Crime No.116 of 2016 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that the petitioners, who are all the employees of the Lakshmi Theatre, recorded the movie namely "Pandiyoda Kalatta Thangala" and published the same on 10.06.2016. On complaint, case has been registered.

3.The case of the petitioner is that the petitioners are only employees and the alleged occurrence took place on 10.06.2016 and the complaint was given only on 13.07.2016 and the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate (Crl.side) submitted that the petitioners while recording the movie, caught red-handed and on

complaint, a case has been registered and investigation is pending. 5.Considering the facts and circumstances of the case and also considering the fact that investigation is pending, this Court is not inclined grant anticipatory bail. Accordingly, this petition is dismissed.

sd/- 21/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE ANTI VIDEO PIRACY CELL POLICE STATION, TIRUNELVELI.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S T.A.EBENEZER Advocate SR.No.38501 nbj JM/GSV-PM/SAR-III/26.07.2016/2P-4C

ORDER

IN CRL OP(MD) No.12285 of 2016 Date :21/07/2016 https://hcservices.ecourts.gov.in/hcservices/