Sai Siva K.G.Sivasubramanian v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/10/2025 PRESENT THE HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD).No.16903 of 2025

1. Sai Siva K.G.Sivasubramanian, S/o.V.S.Govindarajan

2. Karuppan Sundara Manickam, S/o.Jothi Karuppan Suriya Narayanan

3. Pandi, S/o.Paramasivam

4. Murugan, S/o.Ondi

5. Sikkandhar Batza, C/o.Nowasath

6. Govindan, S/o.Karuppaiya Pillai ..Petitioners/Accused Nos.1 to 6 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, CBCID Video Piracy Unit Police Station, 4/145, Teachers Colony, NGO Colony, Dindigul.

(Crime No.04 of 2025) .. Respondent/Complainant 1/8

For Petitioners : Mr.P.M.Vishnuvarthan Advocate For Respondent : Mr.A.S.Abdul Kalaam Azad Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.04 of 2025 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 63, 63(B), 65(A) of Copy Right Act, 1995 r/w.Section 303 of BNS Act, 2023 and Section 66B of IT Act, 1957 in Crime No.4 of 2025 on the file of the respondent police, seek anticipatory bail.

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2. The case of the prosecution is that on 26.09.2025 at about 2.00p.m. the respondent police conducted a surprise visit to the control room of M/s.Sri Sivakami Amman Cable TV System at Chinnamanoor Town, Theni District which was run by the first petitioner. The other petitioners herein are the employees in the said company. During the inspection, the respondent police alleged certain violation under the Copy Right Act, 1957 and filed a case against these petitioners. Hence, the case.

3. The learned counsel for the petitioners would submit that the respondent police lodged a false complaint against these petitioners. The petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submits that the petitioners company is the one of the leading 3/8

private Multi System Operator (MSO) in TamilNadu. Since the dispute between the petitioners and the defacto-complainant is pending before the Broadcasting Tribunal, New Delhi. The petitioners are ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that since the dispute between the petitioners and the defacto-complainant is pending before the Broadcasting Tribunal, New Delhi. In this case, investigation is not yet completed and custodial interrogation is necessary. There is no previous case against these petitioners. However, he opposed to grant anticipatory bail to the petitioners.

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5. Considering the facts and circumstances of the case and also considering the fact that there is no previous case against these petitioners, further a litigation is pending between the defacto-complainant and the accused before Broadcasting Tribunal, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Principal Sessions Court, Theni on condition that the petitioners shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Principal 5/8

Sessions Court, Theni and on further conditions that:

(a) the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioners shall furnish their residential address and contact number to the learned Principal Sessions Court, Theni. In the event of any change in their residential address, the petitioners shall report the same to the learned Principal Sessions Court, Theni;

(c) the petitioners shall appear and sign before the respondent police daily at 10.30a.m. for the period of one week and thereafter as and when required for interrogation;

(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;

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(e) the petitioners shall not abscond either during investigation or trial;

(f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

(S S Y J) 06.10.2025 gvn 7/8

S.SRIMARTHY,J gvn TO

1. The Principal Sessions Court, Theni.

2. The Inspector of Police, CBCID Video Piracy Unit Police Station, 4/145, Teachers Colony, NGO Colony, Dindigul.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.16903 of 2025 Dated : 06/10/2025 8/8