Sreela P. Mani v. State of Kerala
In the High Court of Kerala
B.A. 10105/2023
Before Justice A. Badharudeen
Decided on February 15, 2023

Relevancy of the Case: Bail application in a case involving the recording and display of a film containing nudity for unlawful gains

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 67A)
• The Code of Criminal Procedure, 1973 (Section 438)
• The Indian Penal Code, 1860 (Section 420, 506)

Relevant Facts of the Case

• The petitioner, holding the position of Director at Yessma OTT platform, actively engaged in a scheme to deceive and defraud the complainant with the intention of making unlawful gains.
• The petitioner deceived the complainant and filmed a sexual film at Aroma Gardens Resort in Aruvikkara Village on October 01-02, 2022.
• After that, she exhibited this film on an OTT platform, showcasing the petitioner’s nudity.

Prominent Arguments by the Advocates

• The petitioner’s counsel submitted that the complainant agreed to willingly act in a film intended for publication on an OTT platform. He willingly acted without hesitation towards nude scenes and received a remuneration of ₹10,000.
• The respondent’s counsel contended that he was coerced into signing the agreement. He participated without fully understanding the terms of the agreement. He also raised objections when the petitioner asked him to perform nude scenes. Further, the petitioner and her mother threatened him and forcibly filmed his nudity, which was later included in the film without his consent.

Opinion of the Bench

• An agreement exists between the parties. Further investigation is necessary to substantiate the complainant’s objectives.
• Despite being compelled to agree, he still received remuneration. There does not appear to be any evidence to the contrary on the surface.
• The prosecution has not presented any evidence supporting the complainant’s objection to the agreements.

Final Decision

• The court accepted the bail application.

Sreekutty R, an undergraduate student at National Law University Odisha, prepared this case summary during her internship with The Cyber Blog India in May/June 2023.