Sajin P.K. v. State of Kerala
In the High Court of Kerala
Bail Appl. No. 5559 of 2018
Before Justice Annie John
Decided on September 04, 2018

Relevancy of the case: Bail under Section 67A

Statutes & Provisions Involved

• The Information Technology Act, 2000 (Section 67A)
• The Indian Penal Code, 1860 (Section 34, 354, 506, 509)
• The Code of Criminal Procedure, 1973 (Section 438)

Relevant Facts of the Case

• In this case, an application for bail is filed by the petitioner i.e. the accused in this case.
• As per the allegation of the complainant, Sajin P.K. was accused of sending sexually offensive pictures and videos having facial similarity as her.
• The accused also sent her voice recording threatening her with the publication of the above-mentioned pictures and videos if she revealed his act.
• The accused and the complainant used to chat over ‘WhatsApp.’

 Opinion of the bench

• On checking the conversations between the complainant and the accused through either party’s mobile phones, the allegations against the accused which state that he shared sexually offensive pictures and videos come out as false. Although, police investigation reveals that some web site links were indeed shared in the conversations. This falsifies the complainant’s case.

Final Decision

• The application for bail is allowed. The accused appear for further investigation as and when allowed.

As per our guidelines, we have removed certain information that falls under the category of personally identifiable information (PII). The said guideline is available here.

This case summary has been prepared by Aditya Nair, a postgraduate student at NLIU, Bhopal, during his internship with The Cyber Blog India in June/July 2020.