Kerala high court passed an order that the rape accused cannot use any social media platform until the investigation is over.
The order has been issued by Justice P.V. Kunhikrishnan, at the time of hearing the bail petition of a rape accused. The court has observed that “old methods or conditions like asking to surrender the passport or to appear before an investigation officer while granting bail to an accused in a crime is fairly common, but times have now changed.”
The court has also observed “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 girl’s privacy.”
The court further added “if any violation of this condition is reported by the victim, the investigation officer should do the needful in accordance with law”.
Muhammed Shifas 28-year-old rape accused from Ernakulam took advantage of his relationship with the victim as he took her to the resort in Cherai on December 22, 2018 for birthday surprise where he allegedly raped her.
The rape accused also took nude photos of the victim and threaten the rape survivor to not tell anyone about the crime. He later used those photos and raped the rape survivor six more times. He posted those photos on Facebook and demanded 1 lakh rupees to delete those pictures.
The rape accused is charged under Sections 370, 376, 376(2)(n), 509, 506 IPC and Sections 5, 5(1), 13, 14 and 15 of the protection of children from sexual offence act 2012 (POSCO act,2012) and also under section 66 (E) of information technology act.
The girl was in fear that the rape accused would circulate the photos on social media again if he comes out on bail.
The court allowed the bail by keeping view of the principle that bail is the rule and situation of the pandemic.