XXX v. State of Kerala
In the High Court of Kerala
B.A. 9452/2022
Before Justice B.K. Thomas
Decided on January 05, 2023

Relevancy of the Case: Bail application in a case involving penetrative sexual assault on a minor and sharing photos and videos of the act on WhatsApp

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 67B)
• The Code of Criminal Procedure, 1973 (Section 439)
• The Protection of Children from Sexual Offences Act, 2012 (Section 3-12)
• The Indian Penal Code, 1860 (Section 354B, 376(3), 376(2)(f)(n), 328, 506)

Relevant Facts of the Case

• The petitioner, who is the survivor’s uncle, committed penetrative sexual assault on her over 6 years.
• The petitioner forcibly videographed and photographed the survivor while she was unclothed and circulated it on WhatsApp.
• Earlier, the court rejected the bail application, and the trial court ordered further investigation.

Prominent Arguments by the Advocates

• The petitioner’s counsel argued that the allegations against the petitioner had ulterior motives, and it was unnecessary to continue his detention.
• The respondent’s counsel argued that the grave nature of the offence and the petitioner’s close relation to the survivor should prevent his release on bail.

Opinion of the Bench

• The petitioner has already undergone detention. There is a remote possibility of an immediate trial.

Final Decision

• The bench accepted the bail application with conditions.

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.