Abhiram v. State of Kerala

Manvi MittalCase Summary

Bail application in a case involving watching and downloading of child sexual abuse material (CSAM)

Abhiram v. State of Kerala
In the High Court of Kerala
B.A. 1584/2023
Before Justice A. Badharudeen
Decided on March 31, 2023

Relevancy of the Case: Bail application in a case involving watching and downloading of child sexual abuse material (CSAM)

Statutes and Provisions Involved

  • The Information Technology Act, 2000 (Section 67A, 67B)
  • The Code of Criminal Procedure, 1973 (Section 438)

Relevant Facts of the Case

  • The petitioner is the sole accused in the crime reported to Aruvikkara Police Station, Thiruvananthapuram.
  • He watched and downloaded videos depicting child sexual abuse material (CSAM).

Prominent Arguments by the Advocates

  • The petitioner’s counsel argued that investigation is possible without custodial interrogation, and the petitioner is ready to cooperate whenever needed.
  • The respondent’s counsel opposed the grant of anticipatory bail and submitted that the offence committed was quite serious.

Opinion of the Bench

  • The petitioner does not have any criminal antecedents. Hence, the court leaned in favour of granting bail to the petitioner.

Final Decision

  • The court allowed the bail application.