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2006 Supreme(AP) 1544

T.CH.SURYA RAO
AMARNATH VYAS ALIAS VIJAYA PRAKASH VYAS – Appellant
Versus
STATE OF A. P. – Respondent


Advocates Appeared: V.SANKARA RAO

( 1 ) THE instant case is coming up for consideration under the caption 'for being mentioned'. When the petitioner initially applied for anticipatory bail under Section 438 of the code of Criminal Procedure, 1973 (Act 2 of 1974) (for short 'the Cr. P. C. ') having regard to the accusation that the perpetrated the offence punishable under Section 63 of the Copy Right act, 1957 (Act No. 14 of 1957) (for short 'the act'), this Court dismissed the anticipatory bail on the ground that the offence alleged is bailable and therefore no application for anticipatory bail could be maintained.

( 2 ) HAVING regard to the magnitude of the offence alleged to have been perpetrated by the petitionerapprehendingthat it would cause considerable damage to the prosecution, the learned Public Prosecutor sought the order to be reconsidered on the premise that the offence alleged is a non-bailable one, but not a bailable one.

( 3 ) HEARD extensively the arguments of the learned Public Prosecutor. Section 63 of the act is the provision germane in the context and reads as under:

"63. Offence of infringement of copyright or other rights conferred by this Act:-Any person knowingly infringes or abets the inf
















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