Surya v. State of Kerala
In the High Court of Kerala
BA 5030/2023
Before Justice A.A. Ziyad Rahman
Decided on July 03, 2023

Relevancy of the case: Bail application in a case involving blackmailing, sexual assault, rape of a minor and recording of the act

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66E, 67A)
• The Indian Penal Code, 1860 (Section 376, 354A, 354C, 34)
• The Protection of Children from Sexual Offences Act, 2012 (Sections 4, 9, 10, 11, 12, 13, 14, 15)

Relevant Facts of the Case

• A 15-year-old minor girl lodged an FIR against the petitioner and the first accused.
• She claimed that the first accused had sexual intercourse with her and took her nude photographs by taking her to various other places.
• Then, Surya and the first accused both blackmailed her into giving ₹5000. They also threatened to leak her photographs on social media if she did not comply.
• Even after the complainant paid the demanded amount, both the accused spread the photos on social media.
• Now, the petitioner has approached the High Court after his arrest.

Prominent Arguments by the Advocates

• The petitioner’s counsel argued that the offences were committed by the first accused and not the second accused (i.e., the petitioner) and that the latter was innocent of all allegations. The counsel further submitted that the petitioner is willing to accept all the conditions of the court. He would also assist in the investigation if the court grants him bail.
• The public prosecutor contended that while the petitioner did not commit sexual assault, he threatened the complainant and spread her photos on social media.

Opinion of the Bench

• The petitioner’s offences are not the same as that of the first accused. However, he has still committed separate offences.
• By threatening the complainant to spread her nude photographs, he committed offences which are equally severe.

Final Decision

• The court rejected the bail application.

Aarya Tyagi, an undergraduate student at the Institute of Law, Nirma University, Ahemadabad, prepared this case summary during his internship with The Cyber Blog India in May/June 2024.