ORDER :

1. The petitioners, who are accused 1 and 2 in Crime No. 703/2022 of Kozhikode Town Police Station, seek anticipatory bail in this matter by resorting to Section 438 of the Code of Criminal Procedure.

2. Heard the learned counsel for the petitioners as well as the learned Public Prosecutor.

3. Precisely the allegation of the prosecution is that accused 1 and 2 herein committed offence punishable under Section 63 of the Copyright Act by using the music of ‘NAVARASAM’ which was exhibited in ‘KAPPA’ T.V. owned by Mathrubhumi Printing and Publishing Co. Ltd. performed by Thaikkudam Bridge band by including the same music ‘VARAHAROOPAM’ in a Kannada movie ‘KANTARA’ produced by the 1st accused and directed and acted by the 2nd accused, who have thereby violated the copy right.

4. While arguing for anticipatory bail, it is submitted by the learned counsel for the petitioners that the entire allegations are false. According to him, the defacto complainant as well as Thaikkudam Bridge Band filed 2 separate suits before the District Court, Kozhikode alleging copyright violation and when the petitioners herein challenged the maintainability of the above suits, the District Court found tha