Kamarudheen A.I. v. State of Kerala
In the High Court of Kerala
B.A. 704/ 2020
Before Justice Raja Vijayaraghavan V.
Decided on June 25, 2020

Relevancy of the case: Anticipatory bail application in a case involving penetrative sexual abuse, unnatural sex, and recording the acts using a hidden camera

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66E)
• The Indian Penal Code, 1860 (Section 376(2)(n), 377, 323, 506)

Relevant Facts of the Case

• The petitioner falsely promised the complainant to marry her. He recorded their intimate moments using a hidden camera.
• The complaint also alleges penetrative sexual abuse and unnatural sex.

Prominent Arguments by the Advocates

• The public prosecutor submitted that the petitioner has been absconding from the court. The police has completed their investigation and filed the charge sheet. However, they were not able to obtain his medical and potency reports.

Opinion of the Bench

• There is now exceptional reason for the court to exercise its power under Section 438 of the Code of Criminal Procedure, 1973.

Final Decision

• The court directed the petitioner to appear before the jurisdictional court and seek regular bail and dismissed this bail application.