Muklen v. State of Kerala
In the High Court of Kerala
B.A. 989/2023
Before Justice B.K. Thomas
Decided on February 15, 2023

Relevancy of the Case: Bail application in a case involving gang rape allegations and recording of the act

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66E)
• The Indian Penal Code, 1860 (Section 370, 342, 341, 323, 354, 354B, 357, 376D)

Relevant Facts of the Case

• The petitioner invited the 19-year-old victim to his house under the pretext of helping her prepare Biriyani.
• When she came, the accused and others restrained her and committed gang rape.
• During the incident, the petitioner captured the assault on his mobile phone.

Prominent Arguments by the Advocates

• The petitioner’s counsel argued that he has been in custody since March 31, 2021. The court has already granted bail to other co-accused persons.
• The respondent’s counsel argued against the grant of bail. She emphasised the significant possibility of him evading justice as he is a native of West Bengal.

Opinion of the Bench

• Despite a lapse of 22 months, the trial has not taken place. There is no immediate likelihood of it occurring.
• Being a non-native of Kerala should not be a reason to deny the petitioner his liberty.

Final Decision

• The court accepted the bail application with conditions.

Aditi Sharma, an undergraduate student at NMIMS School of Law, Indore, prepared this case summary during her internship with The Cyber Blog India in May/June 2023.