Prasanth C.K. v. State of Kerala
In the High Court of Kerala
B.A. 5144/2018
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.

Final Decision

• Application allowed.
• Bail granted, subject to certain conditions.