Prasanth C.K. v. State of Kerala
In the High Court of Kerala
Before Justice Raja Vijayaraghavan V
Decided on September 25, 2018
Relevancy of the case: Anticipatory bail application for alleged spread of misinformation and material damaging reputation via a Facebook page
Statutes and Provisions Involved
- The Information Technology Act, 2000 (Section 67A)
- The Kerala Police Act, 2011 (Section 119(a), 120(o))
- The Code of Criminal Procedure, 1973 (Section 438)
Relevant Facts of the Case
- A group of people allegedly spread misinformation in the Panchayat and denigrated material against the complainant on a Facebook page.
- The complainant has filed an FIR, and the applicant filed this application for anticipatory bail.
Prominent Arguments by the Advocates
- The petitioner’s counsel submitted that an offence under Section 67A of the Information Technology Act is not made out and that the applicant is not referred to in the complaint.
- The respondent’s counsel submitted that the applicant’s involvement was referred to in a detailed statement of the complainant.
Opinion of the Bench
- The allegation is mainly against one Sajeev (not the applicant), so anticipatory bail can be granted with conditions.
- Application allowed.
- Bail granted, subject to certain conditions.