Shahjahan J. v. State of Kerala
In the High Court of Kerala
B.A. 4872/2022
Before Justice B.K. Thomas
Decided on July 06, 2022

Relevancy of the Case: Bail application in a case involving trespass into the complainant’s house and taking photos through the bathroom’s ventilator

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66)
• The Code of Criminal Procedure, 1973 (Section 439)
• The Indian Penal Code, 1860 (Section 354C, 457)

Relevant Facts of the Case

• The accused trespassed into the house of the complainant and used his mobile phone to take photos of the complainant through the ventilator of the bathroom.

Prominent Arguments by the Advocates

• The petitioner’s counsel argued that the continued detention of the petitioner is unwarranted since he has been in police custody since his arrest.
• The respondent’s counsel opposed the grant of bail as the petitioner had committed an inexcusable crime.

Opinion of the Bench

• There is no apparent ground for continued detention of the petitioner.

Final Decision

• The court accepted the bail application.

Risha Thomre Rajani, an undergraduate student at NMIMS Kirit P. Mehta School of Law, Mumbai, prepared this case summary during her internship with The Cyber Blog India in May/June 2023.