Pranav Krishna P.S. v. State of Kerala
In the High Court of Kerala
B.A. 9967/2021
Before Justice Gopinath P.
Decided on March 28, 2022

Relevancy of the case: Anticipatory bail application in a case involving repetitive calls to create nuisance and outrage the complainant’s modesty

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66C, 67)
• The Indian Penal Code, 1860 (Section 354D)
• The Kerala Police Act, 2011 (Section 120(o))

Relevant Facts of the Case

• The petitioner used to call the complainant over the phone, creating a nuisance and with the intent to outrage her modesty. He also used different mobile numbers to do so.
• During that time, he resided in Saudi Arabia.

Prominent Arguments by the Advocates

• The petitioner’s counsel submits that the petitioner is intending to come back to India on leave. He has moved this application on the apprehension that he might be arrested when he arrives in India.
• The respondent’s counsel submitted that since the petitioner is presently working in Saudi Arabia, this anticipatory bail application is not maintainable.

Opinion of the Bench

• The Court was of the opinion that considering the facts and circumstances of the case, the petitioner can be granted anticipatory bail subject to some conditions.

Final Decision

• The bench granted anticipatory bail to the petitioner.