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

The Supreme Court on Friday stayed the condition imposed by 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 of Chief Justice D Y Chandrachud and Justices P S Narasimha and J B Pardiwala said that petitioners shall present before the Investigating Officer on February 12 and 13.

In the event they are arrested, then producer Vijay Kirgandur and director Rishab Shetty be released on bail immediately subject to conditions by the trial court, the court said.

The top court also criticised the High Court for imposing its condition on playing of song, saying copyright issues cannot be decided in an anticipatory bail application.

"The High Court felt very strongly that you people have plagiarised somebody’s song, 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,” the bench said.

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 the Kirgandur and Shetty, challenged some conditions in the High Court order.

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 the petitioner's to surrender before the investigating officer for two days on February 12 and 13 between 10 am and 1 pm for interrogation.