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2018 Supreme(Ker) 607

RAJA VIJAYARAGHAVAN V.
Majeesh K. Mathew – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioners: Sooraj T. Elenjickal, P.A. Mohammed Shah, K. Arjun Venugopal, Mary Reshma George, V.A. Haritha, Jeeven Rajeev, R. Nandagopal.
For the Respondents: C.N. Prabhakaran, Tom. Jos. Padinjarekara.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The applicant, who claims to be the State General Secretary of the youth wing of the Democratic Kerala Congress, faces allegations of online conduct that includes posting sexually explicit and offensive content targeting a female de facto complainant. The posts involve tagging, sharing, liking, and writing inflammatory comments, including claims of sexual assault by the complainant's husband, which appear to be politically motivated and organized (!) (!) .

  2. The de facto complainant is a social activist and author, who has experienced a systematic and organized online campaign aimed at vilifying her, with posts that contain sexist, obscene, and sexually explicit content. The posts are shared publicly, and the intent seems to be to embarrass, humiliate, and denigrate her based on her gender and political associations (!) (!) .

  3. The investigation is still in its early stages. The court noted the nature of the posts and found prima facie evidence suggesting online sexual harassment, cyberbullying, and gender-based harassment. The posts exhibit discriminatory and abusive behavior, which falls under the broader category of online misogyny and cyber harassment (!) (!) .

  4. The provision under the Information Technology Act relating to sexually explicit material (Section 67A) was discussed. Although there is prima facie material indicating online sexual harassment, whether this specific provision applies will be determined during the ongoing investigation. The court emphasized that it would not prejudge the merits of the case at this stage (!) (!) .

  5. The court considered the parameters for granting anticipatory bail, including the gravity of the allegations, the applicant's antecedents, the potential for fleeing justice, and the likelihood of the applicant repeating similar offenses. After careful evaluation, the court declined to grant anticipatory bail, emphasizing the seriousness of the allegations and the need for the applicant to surrender (!) (!) .

  6. The court clarified that the observations made were prima facie and solely for the purpose of considering anticipatory bail. The decision on regular bail will be based on a fresh evaluation of the case merits, independent of the prima facie observations (!) .

  7. The application for anticipatory bail was dismissed, and the applicant was directed to surrender before the appropriate court. The court also stated that if the applicant files for regular bail, it will be considered promptly on its merits (!) .

These points encapsulate the core legal and factual issues discussed in the document, focusing on the nature of the allegations, the ongoing investigation, and the court's reasoning regarding bail.


ORDER :

1. The applicant claims to be the State General Secretary of the youth wing of the Democratic Kerala Congress. He apprehends arrest in a crime registered arraying him as the 4th accused at the Pala Police Station as Crime No. 1309 of 2009. In the aforesaid Crime, he face accusations of having committed offences under Section 354(A)(3) of the IPC, Section 67A of the Information Technology Act, 2000 and under Section 120 of the Kerala Police Act , 2011.

2. The de facto complainant is a lady and the author of a recently published book. She claims to be a social activist and is the wife of a sitting member of Parliament. In her complainant, the victim states that she is very active in social media and has a “Facebook” account through which she keeps in touch with her family and friends and interacts with her followers. She recently noticed the accused indulging in an organised vituperative campaign against her online. According to the de facto complainant, the accused have posted several comments in their facebook pages making scurrilous comments against her. The pictures of herself and her husband have also been posted, making her the subject of online sexual harassment. She has






















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