Kerala High Court has recently announced an order stating that a rape accused cannot use social media till the time the investigation is completed. HC passed the order while hearing a bail plea of a rape accused.
The bench of Justice P.V. Kunhikrishnan noted that old methods like asking to surrender the passport or appear before an investigation officer while granting bail to an accused in a crime is fairly common, but times have changed now.
“Heavens will not fall if a condition is imposed in a bail order restraining the accused in a rape case from using social media, especially when it is to protect the victim girlâ€™s privacy,” observed the court.
Justice Kunhikrishnan also noted, “If any violation of this condition is reported by the victim, the investigating officer should do the needful in accordance with law.”
28-year-old Muhammed Shifas from Ernakulam was accused of taking advantage of the victim by taking her to a resort in Cherai on December 22, 2018 and then raping her.
The victim has accused him of taking nude photos of her and then threatening her to circulate them on social media if she will tell anybody. He raped her six times.
Despite she followed his commands, the rape accused posted her photos on social media and demanded Rs 1 lakh to delete them.
The prosecution submitted that the victim is in fear that if the court will grant him bail, he will circulate her photos on social media. Therefore, there is nothing wrong with restraining the accused from using his social media accounts till the time the case is solved.
The court has granted the bail considering that bail is the rule and current pandemic situation.