Kerala HC bars rape-accused from using Social Media pending investigation for bail to protect victim's privacy

The grant of bail to a man accused of rape and circulating nude pictures on social media of a woman he had a love affair with was recently made conditional on his complying with a ban on the use of social media until the completion of investigation..The Kerala High Court passed an order to this effect on Thursday, while adding that if the final investigation report is against him and if a court takes cognisance of his alleged offence, this condition will continue until the trial is completed. .Justice PV Kunhikrishnan was dealing with a bail plea moved by a 23-year-old man who was accused of having forced himself on the 19-year-old victim on six occasions since December 2018. .The man was further accused of having threatened the victim of publishing nude photos of her, which he had captured if she were to disclose the rape to anyone. The man later created a fake account on Facebook and posted the pictures..While hearing the bail plea moved in the criminal case registered over the same, Justice Kunhikrishnan noted that the main grievance of the victim now concerned the photos circulated by the accused online. .The Judge observed,"In such circumstances, considering the special facts and circumstances of the case, if bail is granted, why not there be a condition in the bail order directing the petitioner not to use social media like FaceBook, Whatsapp, Twitter, Instagram etc., till the case is finally concluded?".He went on to point out that in appropriate cases, Sections 439 and 437 of the Code of Criminal Procedure (CrPC) allow the High Court or the Session Courts to impose reasonable conditions for the grant of bail depending on the facts of the case and in the interest of justice. . ."There cannot be a straight jacket formula regarding conditions that can be imposed in a bail order. Each case is to be decided separately, considering the facts and circumstances of that particular case. But the conditions imposed in a bail order should be reasonable and effective in the pragmatic sense, but of course, the condition should not defeat the bail order itself", Justice Kunhikrishnan explained. .As such, the Court ruled,"There is nothing wrong in imposing a condition that the accused shall not use social media like Facebook, WhatsApp, Twitter, Instagram etc., till the investigation is completed. With such a condition, this bail application can be allowed."."Heavens will not fall down if a condition is imposed in a bail order restraining the accused in a rape case in using social media, especially when it is to protect the victim girl's privacy."Kerala High Court.The bail plea was allowed in view of the principle that bail is the rule and considering the age of the prisoner, the time spent in jail and the present COVID-19 pandemic. .In view of his earlier observations, the Court also added the following as a bail condition for the accused:."The petitioner shall not use social media like Face Book, Whatsapp, Instagram etc., till the investigation ... is completed. If any final report is filed against the petitioner in this case after investigation and the court concerned took cognizance of the same, the above condition will continue till the trial in that case is over. The investigating officer will intimate about this condition imposed on the petitioner to the victim in this case. If any violation of this condition is reported by the victim, the investigating officer will do the needful in accordance to law.".Read the order: