Anoop Nair v. State of Kerala
In the High Court of Kerala
BA 5690/2020
Before Justice B.V. Kunhikrishnan
Decided on September 25, 2020

Relevancy of the Case: Bail application in a case involving dowry allegations and misuse of wife’s nude pictures by the husband

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66E)
• The Indian Penal Code, 1860 (Section 498A, 34)

Relevant Facts of the Case

• The applicant is accused of harassing the complainant by misusing her pictures.
• There is a matrimonial relationship between the applicant and the complainant.

Prominent Arguments by the Advocates

• The petitioner’s counsel submitted that the complainant and the petitioner are married. The petitioner has not committed the alleged offences.
• On the other hand, the public prosecutor opposed the bail application. The complainant’s counsel stated that the petitioner is misusing her nude photographs. Moreover, the petitioner has violated an order of the Grama Nyayalaya.

Opinion of the Bench

• The bench adopted the principle of “bail is the rule, jail is an exception” to give the accused a fair chance of trial.
• The complainant can approach the police if the applicant misuses her photographs. Further, the complainant can also approach the trial court to cancel the bail.

Final Decision

• The court granted bail to the applicant with stringent conditions.

T S V S Nivedita, a postgraduate student at O.P. Jindal University, prepared this case summary during her association with The Cyber Blog India in January 2022.