KOCHI: Setting conditions like asking to surrender the passport or appear before an investigation officer while granting bail to an accused in a crime is fairly common. Time has changed.
The Kerala High Court, while allowing bail to a rape accused, insisted that he should not use social media platforms like Facebook, WhatsApp, Twitter and Instagram till the investigation into the case gets over.
“Heavens will not fall down if a condition is imposed in a bail order restraining the accused in a rape case from using social media, especially when it’s to protect the victim girl’s privacy,” the court observed while allowing the bail plea of 28-year-old Muhammed Shifas of Ernakulam.
The court also observed that if a final report is filed against the petitioner in this case after investigation and the court concerned took cognizance, the condition will continue till the trial in the case is over. The investigating officer should intimate the condition imposed on the petitioner to the victim, the court
said.
‘Nothing wrong in barring rape accused from using social media’
“If any violation of this condition is reported by the victim, the investigating officer should do the needful in accordance with law,” the court said.
According to Njarackal police, Muhammed and the survivor were in a relationship. On December 22, 2018, he took her to a resort at Cherai beach under the pretext of giving her a birthday gift and raped her.
He took nude photos of the survivor and threatened her that if the incident was disclosed to anybody, he would circulate them on social media.
The accused raped the girl on six occasions after that incident, threatening her with the nude photos.
On July 31, 2020, the accused created a Facebook page ‘Rilsila Richus’ and posted the survivors’ photographs and demanded `1 lakh from her to delete them.
Counsel for the petitioner submitted that he was still in love with the girl and that he is ready to marry her. Opposing the plea, the prosecutor submitted that the accused not only committed rape, but also took nude photos of the survivor and circulated them on social media.
The girl fears that if the accused is released on bail, he may circulate the photos on social media again. In such circumstances, there was nothing wrong in imposing a condition that the accused shall not use social media platforms, the prosecutor added.