Charles Baby v. State of Kerala
In the High Court of Kerala
B.A. 8020/2022
Before Justice B.K. Thomas
Decided on October 19, 2022

Relevancy of the Case: Bail applications in a case involving allegations of a minor’s sexual harassment and blackmailing her to send nude photographs

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 67B)
• The Indian Penal Code, 1860 (Section 376, 354A(1)(i))
• The Protection of Children from Sexual Offences Act, 2012 (Section 3(a), 4, 7, 8, 9(l), 10, 15)

Relevant Facts of the Case

• The accused had trespassed the female victim’s house and sexually assaulted her. He forced her to perform oral sex and pressed her private parts.
• He also blackmailed the victim to send her nude photographs to him.

Prominent Arguments by the Advocates

• The petitioner’s counsel argued that these allegations were false. This incident had not occurred. Further, continued detention of the accused was not necessary.
• The prosecutor submitted that the allegations were serious. Releasing the accused would prejudice the investigation.

Opinion of the Bench

• Allegations are severe; however, continued detention is not necessary.

Final Decision

• The bench allowed the bail application.