Ashok Kumar v. Sub Inspector of Police
In the High Court of Kerala
B.A. 8806/2014
Before Justice K. Abraham Mathew
Decided on June 02, 2015

Relevancy of the case: Anticipatory bail application for sending sexually explicit content.

Statutes and Provisions Involved

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

Relevant Facts of the Case

• The petitioner sent an obscene picture of the informant to her sister.
• He argued that he came across the obscene picture and informed the sister about it. Subsequently, he claimed that it was on her request and with good intentions that he sent her the picture.
• As evidence, he provided the conversation (through chat) which took place between him and the informant’s sister. 

Opinion of the Bench

• The chat revealed that the picture was sent at her request and that the version of events as described by the petitioner (the one who sent the picture) was probable to be true.

Final Decision

• Application allowed.
• Bail granted subject to certain conditions.