Jayaraj v. State of Kerala
In the High Court of Kerala
B.A. 4839/2018
Before Justice Raja Vijayaraghavan V.
Decided on September 24, 2018

Relevancy of the case: Anticipatory bail application in a case involving sending of sexually explicit material and requesting erotic calls

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 67A)
• The Indian Penal Code, 1860 (Section 354D)
• The Kerala Police Act, 2011 (Section 120(o))
• The Code of Criminal Procedure, 1973 (Section 438)

Relevant Facts of the Case

• A Singapore-based Indian citizen forwarded a complaint to the DSP Kayamkulam.
• The complaint accused the applicant of sending sexually explicit material to the complainant’s wife through Facebook Messenger. He also made numerous calls to the lady’s mobile phone and initiated requests for erotic chats.

Prominent Arguments by the Advocates

• The petitioner’s counsel submitted that the petitioner did not intend to send the messages to the complainant’s wife. His messages had reached an unintended recipient. He has duly apologised and sought pardon.
• The public prosecutor argued that the police had recorded the victim’s statement, and there was no reason to not believe her side.
• The defacto complainant filed an intervention application and submitted that the applicant’s acts were intentional.

Opinion of the Bench

• This is not a fit case warranting the exercise of powers under Section 438 of the Code of Criminal Procedure, 1973.

Final Decision

• The court dismissed the anticipatory bail application and directed the applicant to surrender before the police and seek regular bail.