Sooraj V. Kumar v. State of Kerala
In the High Court of Kerala
Crl. A. 852/2022
Before Justice Mary Joseph
Decided on August 23, 2022

Relevancy of the Case: Bail application in a case involving the broadcast of an interview to insult the complainant

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66E, 67A)
• The Indian Penal Code, 1860 (Section 354A, 509, 294(b))
• The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Section 3)

Relevant Facts of the Case

• The petitioner conducted an interview of the complainant’s father-in-law and husband, as a friend of a journalist.
• A channel named True TV broadcasted this interview. The allegation states that the channel broadcasted the interview even after the journalist’s arrest based on the complaint.
• The allegations further state that the petitioner and the said journalist intended to insult the complainant through such a broadcast.

Prominent Arguments by the Advocates

• The petitioner’s counsel submitted that he had been in jail for 25 days. Hence, the court should release him on bail.
• The respondent’s counsel argued that the interview humiliated the complainant and her family before the public. Moreover, her children’s school prevented them from attending the school. If the court grants bail to the petitioner, the complainant will continue to face humiliation.

Opinion of the Bench

• The accused has been in custody for an adequate period. Further detention will not benefit the investigation process.

Final Decision

• The court allowed the bail application, subject to conditions.