Shetty and Kiragandur were arrayed as accused in a (first information report) FIR registered alleging commission of the offence punishable under Section 63 of the Copyright Act by using the music of Navarasam in Varaha Roopam.

Seeking anticipatory bail, the duo argued that Varaha Roopam is an independent creation having no connection with Navarasam.

Even the prosecution has not collected any material to prove that Varaha Roopam is similar or deceptively similar. Instead, the prosecution has merely relied on the opinion of someone who viewed the film and saw some similarities, the petitioners argued.

On the other hand, the Public Prosecutor opposed the grant of anticipatory bail on the ground that it would hamper the investigation. It was further argued that the prosecution had collected material that prima facie substantiated the allegations in the FIR.

The Court first reiterated that the offence alleged is a cognisable and non-bailable offence.

On going through the opinion collected by the investigating officer, it opined that the same prima facie indicated similarity between the two songs.

"In addition to that the Investigating Officer, on gathering opinion from expert, reported that `VARAHAROOPAM' is, the plagiarized and pirated version of `NAVARASAM'. If so, the violation of copyright alleged by the defacto complainant could be discernible from the prosecution materials, prima facie. Thus detailed and fair investigation is absolutely necessary in this regard," the Court said.

The Court then noted that Mathrubhumi Publishing and Thaikkudam Bridge had filed two separate suits before the District Courts of Kozhikode and Palakkad.

The two courts had found the suits to be not maintainable and had returned the plaints for it to be moved before the appropriate commercial court. Mathrubhumi and Thaikkudam Bridge then challenged the two orders before the High Court and those cases are currently pending.

It is in light of the delay in the proceedings in the civil suits that the Court ultimately decided to grant anticipatory bail.

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