The High Court dismissed the bail application of a petitioner accused of uploading a morphed video violating privacy (Section 67A IT Act) and criminal intimidation (Section 506 IPC), noting the serious allegation and pending investigation into the origin of the video.
Bail application dismissed; bail to petitioner not granted.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY ,THE 04TH DAY OF FEBRUARY 2019 / 15TH MAGHA, 1940
Bail Appl..No. 145 of 2019
CRIME NO. 514/2018 OF Bekal Police Station , Kasargod
PETITIONER/S:
AHAMMED KABEER, AGED 36 YEARS S/O. ABDULLAH PALLIPUZHA HOUSE PALLILKKARA VILLAGE BEKAL, KASARGOD
BY ADVS. SRI.RAHUL SASI SMT.NEETHU PREM
RESPONDENT/S:
1 STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 682031.
2 STATION HOUSE OFFICER BEKAL POLICE STATION KASARAGOD DISTRICT-671318
3 AFSAL PALLIPUZHA AGED 32 YEARS S/O.MUHAMMED PALLIPUZHA HOUSE, PALLIKKARA VILLAGE, P.O BAKEL FORT, BAKEL, KASARGOD DISTRICT, PIN-671121. (ADDL.R3 IS IMPLEADED AS PER ORDER DATED 31/01/2019 IN CRL.MA.01/2019)
BY ADV. SRI.V.N.RAMESAN NAMBISAN
OTHER PRESENT:
SRI.S SREEKUMAR (SR) FOR PETITIONER ,SRI.P. VIJAYABHANU(SR) FOR ADDL.R3,PP SRI.B.JAYASURYA (SR)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.01.2019, THE COURT ON 4/2/2019 PASSED THE FOLLOWING:
BA No.145/2019
2
O R D E R
The petitioner stands arrayed as accused in Crime No. 514/2018 of Bekal police station for offences punishable under section 67A of the Information Technology Act and section 506 (1) IPC.
BA No.145/2019
3
complainant was seized and that of the accused was also produced. According to the defacto complainant, the video clipping shows the morphed video and it was morphed by the petitioner. On the other hand, the petitioner taken up a contention that it was circulated among the whatsup group and he has not committed any offence as alleged.
Having considered the seriousness of the allegation and the nature of investigation that is to be done, I am not inclined to grant bail to the petitioner . Accordingly, bail application fails and is dismissed.
Sd/-
SUNIL THOMAS
JUDGE
dpk
1 issue framed by the court
Whether the petitioner should be granted bail in the current stage of investigation for offences under section 67A of the Information Technology Act and section 506 IPC.
2 provisions across 2 enactments
AHAMMED KABEER
STATE OF KERALA
AFSAL PALLIPUZHA
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
