Biju v. State of Kerala
In the High Court of Kerala
B.A. 3009/2019
Before Justice Raja Vijayaraghvan V.
Decided on October 29, 2019

Relevancy of the case: Bail application in a case involving copyright infringement due to releasing a movie sequel

Statutes and Provisions Involved

• The Code of Criminal Procedure, 2000 (Section 438)
• The Indian Penal Code, 1860 (Section 420, 500)
• The Copyright Act, 1957 (Section 51, 63)

Relevant Facts of the Case

• The complainant is a scriptwriter of an iconic Malayalam movie. He has filed a police complaint alleging that the applicant has infringed his copyright by bringing out a movie sequel.
• The applicant also led people to believe that he had obtained copyrights to make the sequel.
• After being charged with Sections 420 and 500 of the Indian Penal Code, 1860, the applicant filed a bail application.

Prominent Arguments by the Advocates

• The applicant’s counsel argued that the applicant has no prior convictions. The applicant’s arrest would subject him to great humiliation.

Opinion of the Bench

• The prosecution was not able to prove that the applicant might flee.
• Custodial interrogation of the applicant is not necessary for the investigation of this matter.

Final Decision

• The bench allowed the bail application. However, he has to appear before the Investigating Officer to cooperate in the investigation.

Ojasvi Gupta, an undergraduate student at the Faculty of Law, Banaras Hindu University, prepared this case summary during her internship with The Cyber Blog India in May/June 2022.