Ajaynath v. State of Kerala
In the High Court of Kerala
B.A. 7166/2017
Before Justice Raja Vijayaraghavan V.
Decided on November 6, 2017

Relevancy of the case: Anticipatory bail application in a case involving the solicitation and transmission of a minor’s nude pictures

Statutes and Provisions Involved

• The Protection of Children from Sexual Offences Act, 2012 (Section 13, 14)
• The Information Technology Act, 2000 (Section 67B)

Relevant Facts of the Case

• The petitioner became acquainted with the victim, who was 15 years old.
• He persuaded the minor to share her nude pictures by pretending to be in love.
• Later, he forwarded those pictures to strangers over the Internet on social networking sites.

Prominent Arguments by the Advocates

• The petitioner’s counsel argued that the minor child voluntarily forwarded the photos. Also, the police has already questioned the recipients of the photos. Hence, there is no need for custodial interrogation.
• The respondent’s counsel submitted that damage had already been caused to the victim. Therefore, it has to be immediately ascertained as to who and the mode in which the photos were distributed online.

Opinion of the Bench

• The court considered the nature and gravity of the allegations, the age of the victim, and the mode in which the petitioner has committed the offences.
• This is not the fit case for arming the petitioner with anticipatory bail.

Final Decision

• The bench rejected the application.

Julia Anna Joseph, an undergraduate student at Christ (Deemed to be University), prepared this case summary during her internship with The Cyber Blog India in January/February 2022.