SC-ST Act | Victim's Presence When Insulting Remarks Are Made Includes "Online Presence": Kerala HC Denies Pre-Arrest Bail To YouTuber
2 years, 5 months ago

SC-ST Act | Victim's Presence When Insulting Remarks Are Made Includes "Online Presence": Kerala HC Denies Pre-Arrest Bail To YouTuber

Live Law  

The Kerala High Court on Tuesday denied pre-arrest bail to a YouTuber who allegedly insulted a woman belonging to a Scheduled Tribe through an interview published on social media on the ground that a prima facie case under the Scheduled Castes and Scheduled Tribes Act was made out against him. Public Prosecutor Noushad K. A submitted that the benefit of pre-arrest bail cannot be granted to the petitioner in the present case since pre-arrest bail can be granted to an accused only when a prima facie case under the Act is not made out. "Thus, the words used by the petitioner in the interview are prima facie insulting, humiliating and abusive, made with the knowledge that the victim belongs to a Scheduled Tribe community. "In the light of the above circumstances, I am of the view that though bailable offences alone are alleged against the petitioner under the Indian Penal Code, 1860 and non-bailable offence under the Information Technology Act, 2000, since the offences alleged under section 3 and section 3 of the Scheduled Castes and Scheduled Tribes Act, 1989 cannot be said to be not made out, this application for anticipatory bail is not maintainable."

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History of this topic

Woman actor moves HC for anticipatory bail
3 months, 2 weeks ago

Woman actor moves HC for anticipatory bail

The Hindu  

The film actor who has filed complaints of sexual harassment against actor and CPI MLA Mukesh and other actors on Wednesday approached the Kerala High Court seeking anticipatory bail as she fears possible arrest in “an unknown crime” involving a non-bailable offence registered against her. In her petition, she alleged that after registering FIR against the actors, including Jayasurya, Maniyanpilla …

Supreme Court Grants Anticipatory Bail To Malayali YouTuber Shajan Skariah In SC/ST Act Case On Kerala MLA's Complaint
4 months, 2 weeks ago

Supreme Court Grants Anticipatory Bail To Malayali YouTuber Shajan Skariah In SC/ST Act Case On Kerala MLA's Complaint

Live Law  

The Supreme Court on Friday allowed anticipatory bail to the editor of the Malayalam YouTube News Channel 'Marunadan Malayalee' Shajan Skaria in a criminal case under the Scheduled Castes and Scheduled Tribes Act 1989 over making alleged derogatory remarks against MLA PV Sreenijin.A bench comprising Justices JB Pardiwala and Manoj Misra pronounced the verdict. The Supreme Court on Friday allowed …

Youtuber Savukku Shankar case: Madras High Court quashes ‘Savukku’ Shankar’s detention under the Goondas Act
5 months ago

Youtuber Savukku Shankar case: Madras High Court quashes ‘Savukku’ Shankar’s detention under the Goondas Act

The Hindu  

Social media content is not thrust upon the viewers. Further, observing that the Goondas Act could be invoked only if a person had indulged in acts prejudicial to maintenance of public order, the Bench said: “Speeches criticising the government, its policies and actions or exposing corrupt or illegal actions in public administration cannot be termed as a threat to public …

Kerala High Court Refuses Anticipatory Bail To Mohiniyattam Performer Booked For Making Alleged Casteist Remarks Against Fellow Artist
6 months, 4 weeks ago

Kerala High Court Refuses Anticipatory Bail To Mohiniyattam Performer Booked For Making Alleged Casteist Remarks Against Fellow Artist

Live Law  

The Kerala High Court rejected the anticipatory bail application moved by Mohiniyattam Performer Kalamandalam Sathyabhama for making casteist remarks against fellow artist Dr. RLV Ramakrishnan. “The prosecution could prima facie establish that the appellant intentionally insulted the de facto complainant with intent to humiliate him in public view on account of his belonging to Scheduled Caste Community. Resultantly, the prayer …

Some YouTube channels are turning out to be a menace to society: Madras High Court
8 months ago

Some YouTube channels are turning out to be a menace to society: Madras High Court

The Hindu  

Some YouTube channels are turning out to be a menace to the society by publishing derogatory content just to increase their subscription and it is high time, the government steps in to control such undesirable activities, said Justice K. Kumaresh Babu of the Madras High Court on Thursday. The oral observations were made while hearing an anticipatory bail petition filed …

SC/ST Act Proceedings Even If Held In Open Court Must Be Video Recorded: Bombay High Court
9 months, 3 weeks ago

SC/ST Act Proceedings Even If Held In Open Court Must Be Video Recorded: Bombay High Court

Live Law  

The Bombay High Court has clarified that it is mandatory to video record all proceedings, including bail proceedings, in cases under the Scheduled Castes and Scheduled Tribes Act, 1989. “It would be necessary to video record any proceeding relating to the Scheduled Castes and Scheduled Tribes Act 1989 even though the proceedings are held in open court.Hearing of a bail …

'No Mens Rea': Kerala HC Grants Pre-Arrest Bail To Headmistress Booked Under SC/ST Act For Cutting Tribal Student's Hair During Assembly
11 months, 2 weeks ago

'No Mens Rea': Kerala HC Grants Pre-Arrest Bail To Headmistress Booked Under SC/ST Act For Cutting Tribal Student's Hair During Assembly

Live Law  

The Kerala High Court has granted anticipatory bail to the headmistress of a school who was booked for offences under the Scheduled Castes and the Scheduled Tribes Act and Juvenile Justice Act for cutting the hair of the victim student, who belonged to the Scheduled Tribe community, during the school assembly which was allegedly derogatory and affected his dignity. Therefore, …

[S.15A SC/ST Act] Victim Need Not Be Put To Notice Of Habeas Corpus Plea Moved By Accused Following Preventive Detention: Madras High Court
1 year, 3 months ago

[S.15A SC/ST Act] Victim Need Not Be Put To Notice Of Habeas Corpus Plea Moved By Accused Following Preventive Detention: Madras High Court

Live Law  

The Madras High Court has made it clear that the habeas corpus petition challenging the preventive detention of a person who is accused of committing offences under the Schedules Caste/Scheduled Tribe Act is not a 'connected proceeding' for the purposes of Section 15-A and of the Act. Court held that habeas corpus is a constitutional remedy available under Article 226 …

In A Democracy, Media Personnel Can't Be Jailed For Reporting: Kerala Court Grants Anticipatory Bail To Asianet Journalists
1 year, 9 months ago

In A Democracy, Media Personnel Can't Be Jailed For Reporting: Kerala Court Grants Anticipatory Bail To Asianet Journalists

Live Law  

A local Court at Kozhikode on Saturday granted pre-arrest bail to the Executive Editor and other employees of Asianet News in connection with the allegations of airing a 'staged interview' of a minor girl who was made to say that she was a victim of drug abuse and sexual exploitation.Finding that there were no serious allegations against the petitioners herein, …

Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court
1 year, 10 months ago

Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court

Live Law  

The Kerala High Court recently held that a person accused of offences punishable under the Scheduled Castes and the Scheduled Tribes Act, 1989 cannot directly approach the High Court seeking bail. On dealing with the question of whether the fresh bail application can be entertained, the court observed as thus: As per Section 14-A, it has been specifically provided that, …

Kerala High Court Directs Writer-Activist Civic Chandran To Surrender Before Police For Interrogation In Sexual Harassment Case
2 years, 2 months ago

Kerala High Court Directs Writer-Activist Civic Chandran To Surrender Before Police For Interrogation In Sexual Harassment Case

Live Law  

Cancelling author and social activist Civic Chandran's anticipatory bail in a sexual harassment case, the Kerala High Court on Thursday directed him to surrender before the Investigating Officer within seven days for subjecting himself for interrogation.Justice A. Badharudeen while allowing the petitions moved by the victim and the Government against the grant of anticipatory bail to Chandran. Cancelling author and …

'Will Give A Wrong Message To Society': Kerala Court Denies Bail To YouTuber For Insulting ST Woman Through Social Media
2 years, 4 months ago

'Will Give A Wrong Message To Society': Kerala Court Denies Bail To YouTuber For Insulting ST Woman Through Social Media

Live Law  

A Sessions Court in Kerala recently denied bail to a YouTuber who allegedly insulted a woman belonging to a Scheduled Tribe through an interview published on social media on the ground that he had intentionally telecasted the video to humiliate the woman. Ernakulam Sessions Judge Honey M. Varghese dismissed the bail application observing that enlarging him on bail at this …

SC/ST Act | Victim's Request To Record Trial Proceedings Can't Be Dismissed Even If Sexual Offences Are Involved: Kerala High Court
2 years, 10 months ago

SC/ST Act | Victim's Request To Record Trial Proceedings Can't Be Dismissed Even If Sexual Offences Are Involved: Kerala High Court

Live Law  

The Kerala High Court has recently ruled that when a victim of offences under the Scheduled Castes and Scheduled Tribes Act makes a request to video record the trial proceedings, a court cannot turn it down even if sexual offences are involved. Justice Kauser Edappagath noted that Section 15A of the Act which permits video-recording of all proceedings is in …

'Very Fact That Victim Used To Video Call Accused In Early Morning Shows Her Consent': Karnataka High Court Grants Bail To Rape Accused
3 years, 1 month ago

'Very Fact That Victim Used To Video Call Accused In Early Morning Shows Her Consent': Karnataka High Court Grants Bail To Rape Accused

Live Law  

The Karnataka High Court at Dharwad Bench has granted bail to a rape accused noting that the victim, a married woman herself, used to make video calls to the accused early in the morning, when the accused had allegedly taken screenshots of her private parts. Justice Shivashankar Amarannavar granted conditional bail to the accused Basanagouda @ Basavaraj, stating "The victim …

Kerala High Court Grants Pre-Arrest Bail To 3 Women Accused Of Assaulting YouTuber Over Vulgar Comments
4 years, 1 month ago

Kerala High Court Grants Pre-Arrest Bail To 3 Women Accused Of Assaulting YouTuber Over Vulgar Comments

Live Law  

The High Court of Kerala on Tuesday granted anticipatory bail to famous dubbing artist Bhagyalakshmi and feminist activists Diya Sana and Sreelakshmi Arackal who are accused of assaulting and abusing a YouTuber over a derogatory video. He had submitted that the accused women went to the lodge room of YouTuber Vijay P. Nair at his invitation for a negotiation talk …

'Vigilantism Can't Be Encouraged' : Kerala HC Says While Reserving Orders On Bail Pleas Of Women Accused Of Assaulting YouTuber
4 years, 2 months ago

'Vigilantism Can't Be Encouraged' : Kerala HC Says While Reserving Orders On Bail Pleas Of Women Accused Of Assaulting YouTuber

Live Law  

Vigilantism cannot be encouraged, observed Justice Ashok Menon of Kerala High Court on Friday while reserving orders on the anticipatory bail applications filed by three women who are accused of assaulting a YouTuber for posting a vulgar video. "Not proper to take law into your hands even if the other person has said the nastiest of things", Justice Menon told …

[Bail Condition] Heavens Won't Fall Down If Rape Accused Is Stopped From Using Social Media To Protect Victim's Privacy: Kerala HC [Read Order]
4 years, 3 months ago

[Bail Condition] Heavens Won't Fall Down If Rape Accused Is Stopped From Using Social Media To Protect Victim's Privacy: Kerala HC [Read Order]

Live Law  

While granting bail to a Rape accused, the Kerala High Court on Thursday remarked that "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." In such circumstances, the Court remarked, "Considering the special facts …

'Violates Privacy Rights': Kerala HC Admits Plea Against Kerala Police Video Trolls In Its Official FB Page
4 years, 3 months ago

'Violates Privacy Rights': Kerala HC Admits Plea Against Kerala Police Video Trolls In Its Official FB Page

Live Law  

The Kerala High Court has admitted a writ petition filed by a man against a Troll Video posted by Kerala Police in its official Facebook Page.Sreejith Raveendran, a daily wage worker, was arrested on the allegation that he shared a video on social media with the intention to instigate communal riots. The Kerala High Court has admitted a writ petition …

Amended SC-ST Act Does Not Limit Court's Jurisdiction To Grant Anticipatory Bail In Cases Where No Offence Is Made Out: Calcutta HC
5 years, 10 months ago

Amended SC-ST Act Does Not Limit Court's Jurisdiction To Grant Anticipatory Bail In Cases Where No Offence Is Made Out: Calcutta HC

Live Law  

The Calcutta High Court has granted anticipatory bail to a journalist who was charged under section 3 of the Scheduled Castes and Scheduled Tribes Act, 1989. The bench comprising Justice Joymalya Bagchi and Justice Manojit Mandal observed that, notwithstanding incorporation of section 18A into the Act, limited jurisdiction of the Court to examine the uncontroverted allegations in the FIR to …

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