Nishal O.P. v. State of Kerala
In the High Court of Kerala
B.A. 7904/2022
Before Justice Bechu Kurian Thomas
Decided on October 14, 2022

Relevancy of the case: Bail application in a case involving the publication and transmission of obscene photos of a woman

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 67A)
• The Indian Penal Code, 1860 (Section 354D, 509)

Relevant Facts of the Case

• The accused allegedly altered the photos of the complainant as obscene photos.
• Thereafter, he circulated the photos through social media with the intent to outrage the complainant’s modesty.

Prominent Arguments by the Advocates

• The petitioner’s counsel contended that the allegations were baseless as the incident did not occur.
• The respondent’s counsel submitted that the accusations are serious as the complainant is the accused’s teacher. Further, the accused also has a criminal history. The counsel pleaded that the court should reject the bail application.

Opinion of the Bench

• The accusations are serious in nature. However, considering the period for which the petitioner has already been detained and his age, extended detention is not justified.

Final Decision

• The bench accepted the bail application.