Kerala High Court
Sasi vs State Of Kerala Through The on 26 November, 2008
Author: R. Basant
Bench: R.Basant
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4117 of 2008()
1. SASI, S/O.KESAVA PILLAI, MANGATTU
... Petitioner
Vs
1. STATE OF KERALA THROUGH THE
... Respondent
For Petitioner :SRI.SUNNY MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :26/11/2008
O R D E R
R. BASANT, J.
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Crl.M.C.No. 4117 of 2008
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Dated this the 26th day of November, 2008
O R D E R
The short question raised is whether Section 63 of the Copyright Act is a cognizable offence or not. The said question has been considered in detail in the decision in Sureshkumar v. S.I. of Police (2007 (3) KLT 363). In paragraphs 4 and 5 of the said decision reasons have been given in detail as to whether the offence under Section 63 of the Act would fall under the first, second or third category of cases referred therein.
2. The learned counsel for the petitioner strains to contend that if the court in its discretion can punish a person for a term of imprisonment less than three years, it must be held to fall within the third category of cases and hence must be reckoned as non-cognizable. I have given reasons as to why this cannot be done in paragraphs 4 and 5 of the decision referred above. I do not find any reason to reconsider the same or to refer the matter to a larger Bench.
2. This Crl.M.C. is accordingly dismissed.
(R. BASANT)
tm Judge