Sanal v. State of Kerala

Manvi MittalCase Summary

Bail application for non-consensual recording of private photos and videos using a pen camera

Sanal v. State of Kerala
In the High Court of Kerala
B.A. 47/2023
Before Justice B.K. Thomas
Decided on January 11, 2023

Relevancy of the Case: Bail application for non-consensual recording of private photos and videos using a pen camera

Statutes and Provisions Involved

  • The Information Technology Act, 2000 (Section 66E)
  • The Code of Criminal Procedure, 1973 (Section 439)
  • The Indian Penal Code, 1860 (Section 354, 454)
  • The Kerala Police Act, 2011 (Section 119 (b))

Relevant Facts of the Case

  • The Ernakulam Town South Police Station registered an FIR against the petitioner for allegedly committing crimes under the abovementioned provisions.
  • The petitioner installed a pen camera inside the complainant’s bathroom and recorded her nude photographs, therefore outraging her modesty.

Prominent Arguments by the Advocates

  • The petitioner’s counsel argued that all the allegations were false. The petitioner had not committed the alleged crime.
  • The respondent’s counsel opposed the grant of bail and submitted that the allegations were serious. Granting the bail would prejudice the ongoing investigation.

Opinion of the Bench

  • There is evidence to connect the petitioner with the crime. However, the petitioner’s detention is not necessary in the circumstances of the case.

Final Decision

  • The court allowed the bail application.