SC stays Kerala HC bail condition prohibiting 'Varaha Roopam' song in 'Kantara'

New Delhi, Feb 11

The Supreme Court on Friday stayed the condition imposed by the Kerala High Court, directing the producer and director of the Kannada superhit movie "Kantara" to not exhibit the film with the song "varaha roopam" for the time being.

A bench headed by Chief Justice of India D.Y. Chandrachud said that petitioners shall present before the Investigating Officer on February 12 and 13, adding that in the event they are arrested, then producer Vijay Kirgandur and director Rishab Shetty be released on bail immediately subject to conditions on trial court.

Earlier this month, the high court had granted anticipatory bail to the director and producer in a case registered in a Kozhikode police station alleging plagiarism in the song.

The top court issued notice to the Kerala government and sought its reply in two weeks.

Senior advocate Ranjit Kumar, representing Kirgandur and Shetty, challenged some conditions in the high court order. The bench noted Kumar's submissions and passed the interim order.

The top court also criticised the high court for imposing such a condition and observed that copyright issues cannot be decided in an anticipatory bail application.

It further added that the high court felt very strongly that you people have plagiarised somebody's song, and orally observed, "but the point is you can't impose these conditions for granting anticipatory bail. You can't decide a copyright suit in an anticipatory bail".

It has been alleged that "Varaharoopam" was an unauthorised copy of the song "Navarasam" shown on the Malayalam music channel Kappa TV.

The high court laid out five conditions and asked them to surrender before the investigating officer for two days on February 12 and 13 between 10 a.m. and 1 p.m. for interrogation.