Manaf v. Sub Inspector of Police
In the High Court of Kerala
B.A. 6001/2015
Before Justice A. Hariprasad
Decided on October 8, 2015

Relevancy of the case: Bail application in a case involving rape and recording of the said act

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66E)
• The Indian Penal Code, 1860 (Section 376, 377)
• The Code of Criminal Procedure, 1973 (Section 82, 83, 438)

Relevant Facts of the Case

• The petitioner forcefully took a girl in his car late at night, compelling her to have sex. These scenes were recorded on the mobile phone and sent on the mobile phone of the de-facto complainant.

Prominent Arguments by the Advocates

• The petitioner’s counsel submitted that the mobile phone said to be used did not belong to the Petitioner.
• The public prosecutor stated that the petitioner has been absconding and a lookout notice has also been initiated.

Opinion of the Bench

• Extra-ordinary jurisdiction under Section 438 of the Code of Criminal Procedure, 1973 cannot be exercised for a person who unjustifiably abstained from the court.

Final Decision

• Bail application dismissed.

This case summary has been prepared by Nandini Gadgil, an undergraduate student at DES Shri Navalmal Firodia Law College, Pune, during her internship with The Cyber Blog India in January/February 2021.