The court denied anticipatory bail due to the serious nature of allegations involving stalking and non-bailable offences under the IT Act.

ORDER

This bail application is filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).

2. Petitioner is the accused in Crime No.944 of 2025 of Kilimanoor Police Station, Thiruvananthapuram, registered for the offences punishable under sections 78 and 77 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') and Section 66E and 67A of the Information Technology Act, 2000 (for short, 'IT Act').

3. According to the prosecution, the accused had, after becoming acquainted with the defacto complainant stalked her and made video calls and recorded her nude videos and transmitted the same to other persons and thereby committed the offences alleged.

4. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

5. Petitioner is alleged to have compelled the defacto complainant to engage in a video call and forced her to disrobe herself and thereafter took the videographs and circulated the same to others.

6. Considering the nature of allegations, I am of the view that though Sections 78 and 77 of BNS are bailable offences, Section 67A of the IT Act is a non-bailable offence. Taking note of the seriousness of the allegations, I am of the view that this is not a fit case for protecting the petitioner with an order of anticipatory bail especially since the alleged videos and the mobile phone in which it has been recorded have to be recovered.

Accordingly, this bail application is dismissed. However, if the petitioner appears before the Investigating Officer on or before 10.06.2025 and subjects himself to interrogation and thereafter if the petitioner is arrested, he shall be produced before the jurisdictional Magistrate without undue delay. In the event of the petitioner applying for bail, the jurisdictional Magistrate shall consider the same, in accordance with law, without undue delay.