Jiyo Joseph v. State of Kerala
In the High Court of Kerala
Criminal Appeal 11/2023
Before Justice A. Baharudeen
Decided on January 27, 2023

Relevancy of the Case: Bail application in a case involving allegations of rape and recording of the act

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66E)
• The Indian Penal Code, 1860 (Section 376(2)(n), Section 509)
• The Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989

Relevant Facts of the Case

• When the complainant was estranged from her husband, she came in touch with the accused. With her husband, she had three children.
• The accused took her to a lodge before Onam 2021. he provided her with a drug-mixed drink before committing the act of rape and filing the incident.
• He threatened to use the videotapes as leverage against her. Further, he also promised her to marry.

Prominent Arguments by the Advocates

• The petitioner’s counsel submitted that the allegations were false and frivolous. The appellant has no prior history. Moreover, the investigation is almost complete.
• The respondent’s counsel argued that releasing the accused early would set a negative precedent, considering the rising number of instances committed against SC/ST communities.

Opinion of the Bench

• A proper inquiry is necessary to address the allegations of promising marriage to the complainant.
• The case diary indicates that the appellant’s custody for investigation purposes is nearly concluded.

Final Decision

• The court accepted the bail application.

Sreekutty R, an undergraduate student at National Law University Odisha, prepared this case summary during her internship with The Cyber Blog India in May/June 2023.