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2007 Supreme(Online)(KER) 18234

HIGH COURT OF KERALA
R.BASANT, J
NISHAD KHAN J. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.JAISON JOSEPH, SRI.S.U.NAZER

O R D E R

Application for anticipatory bail. The petitioner faces allegations under Section 52A of the Copy right Act. The crux of the allegations is that in violation of the provisions of 52A of the Copy right Act, he kept in his shop, for issue to the public, pirated compact discs of certain films.

2. The shop was raided/searched by the police officials on 3/11/2007. Pirated versions of compact discs of some Tamil films were found available in the premises. The petitioner was not available in the shop. A friend of his, who was asked to hold the fort until he returns, was available in the premises.

3. The crime has been registered showing the petitioner - Nishad Khan as the accused. He is allegedly the person who runs the said shop. Investigation is in progress. The petitioner apprehends imminent arrest.

4. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The learned counsel for the petitioner first of all contends that he is not the licensee in respect of the premises. A friend of his, another Nishad Khan is really the licensee of the shop. The petitioner runs another B.A.No.7138/07 2 business in another premises in the locality. Mistaking hi

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