SC allows interim bail to cyber-security researcher in case relating to unauthorised accessing of computer networks

The Supreme Court of India granted interim bail to cyber-security researcher Himanshu Pathak, who faced charges of unauthorized access to computer networks and extraction of insurance-related data. The decision came after the Madras High Court rejected his plea on July 3. Pathak filed a special leave petition against the chargesheet filed by the Chennai Cyber Crime Police Station for offenses under Sections 66 and 43(b) of the Information Technology Act.

Respondents in the case included the State of Tamil Nadu and Star Health and Allied Insurance Co. Ltd. The court requested Tamil Nadu to provide details of any similar cases or criminal antecedents against Pathak. It also directed Pathak to appear before Saidapet Magistrate court to furnish bail bonds for interim bail. The court allowed Pathak to apply for exemption from personal appearance, arguing that the case raised important questions about the threshold for criminal prosecution under the relevant sections of the IT Act and the duty of the High Court to interdict prosecutions even if they fail to disclose the essential ingredients of the alleged offense.