A bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and JB Pardiwala stayed the condition imposed in this regard by the Kerala High Court on Thursday while granting anticipatory bail to Rishab Shetty and Vijay Kiragandur, the director and producer respectively of the movie.
“Petitioner shall present before Investigating Officer on 12th and 13th February. In the event he is arrested, he shall be released on bail forthwith subject to conditions on trial court. We issue stay on Condition 5,” the top court said.
The song Varaha Roopam has been the subject matter of two suits moved by Mathrubhumi Printing and Publishing Co. Ltd and Thaikkudam Bridge, the copyright holder and creator respectively of another song called Navarasam that was released over 5 years ago.
While granting anticipatory bail to Shetty and Kiragandur, Justice A Badharudeen of the High Court had imposed a specific bail condition that “the petitioners shall not exhibit the film `KANTARA’ along with the music `VARAHAROOPAM’ in the film till an interim order or final order after addressing infringement of copyright in this matter will be passed by a competent civil court”.
They then moved the top court against the same
Shetty and Kiragandur are 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.
Source: Barandbench
