Manoj Mathew v. State of Kerala

Samiksha UniyalCase Summary

Bail application in a case involving sending sexually explicit video in school WhatsApp group by the teacher

Manoj Mathew v. State of Kerala
In the High Court of Kerala
B.A. 3887/2020
Before Justice Raja Vijayaraghavan V
Decided on June 30, 2020

Relevancy of the case:  Bail application in a case involving sending sexually explicit video in school WhatsApp group by the teacher

Statutes and Provisions Involved

  • The Information Technology Act, 2000 (Section 67A)
  • The Protection of Children from Sexual Offences Act, 2012 (Section 11, 12)
  • The Code of Criminal Procedure, 1973 (Section 439)

Relevant Facts of the Case

  • The applicant is a school teacher. The school was conducting online classes due to the COVID-19 pandemic. Also, the school management started a WhatsApp group with teachers and parents.
  • The applicant shared an explicit video in the Whatsapp group. The group members, including minors, saw the video.
  • The police registered the case against the applicant. Subsequently, the applicant has sought bail through this petition.

Prominent Arguments by the Advocates

  • The petitioner’s counsel submitted that the applicant accidentally forwarded the video to the WhatsApp group. Further, the content of the video was not explicit. The applicant also tried to delete the video.

Opinion of the Bench

  • The applicant has no previous criminal record.
  • He has served detention in the present case. The investigation is in the final stages.

Final Decision

  • The court granted bail with conditions.