Irshad v. State of Kerala
In the High Court of Kerala
B.A. 9768/2021
Before Justice Gopinath P.
Decided on December 23, 2021

Relevancy of the case: Bail application in a case involving the demand of sexual favours from a minor over video calls

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 67)
• The Indian Penal Code, 1860 (Section 354)
• The Protection of Children from Sexual Offences Act, 2012 (Section 7, 8)
  

Relevant Facts of the Case

• The petitioner met a 15-year-old girl online and demanded sexual favours over a video call. 
• He also went to the native place of the victim and kissed her forcefully. 
  

Prominent Arguments by the Advocates 

• The petitioner’s counsel argued that the petitioner is only 19 years old, and the allegations are false. He has also been in jail for a month and should be given bail. 
• The respondent’s counsel submitted that the court should only consider granting bail with strict conditions.

Opinion of the Bench

• The bench noted the victim’s age and time spent in the jail.
  

Final Decision

• The bench accepted the bail application with conditions.

Marc Pereira, an undergraduate student at Rizvi Law College, Mumbai, prepared this case summary during his internship with The Cyber Blog India in January/February 2022.