Anu Mathew v. State of Kerala
In the High Court of Kerala
Before Justice P V Kunhikrishnan
Decided on August 10, 2020
Relevancy of the case: Bail application in a case involving the transmission of morphed obscene pictures of a minor on porn sites
Statutes and Provisions Involved
- The Information Technology Act, 2000 (Section 67, 66A, 66E)
- The Indian Penal Code, 1860 (Section 354A, 354D, 290, 507, 503, 465, 466, 500, 509)
- The Protection of Children from Sexual Offences Act, 2012 (Section 11, 12)
- The Indecent Representation of Women (Prohibition) Act, 1986 (Section 3)
Relevant Facts of the Case
- The first petitioner allegedly morphed and uploaded pictures of the de facto complainant’s daughter (13 years old) on porn websites.
- Also, the second petitioner, who is the father of the first petitioner allegedly gave statements on Facebook which defamed the complainant.
Prominent Arguments by the Advocates
- The petitioners’ counsel submitted that no allegations are made out for his clients, especially the second petitioner.
- The respondent’s counsel argued that the allegations are serious as the morphed photographs were uploaded on pornographic websites.
Opinion of the Bench
- Considering the precedent of bail is a rule, jail is an exception, the court gave its decision.
- The court also believed that custodial interrogation was necessary for investigation in the case of the first petitioner.
- Bail granted to the second petitioner, subject to certain conditions.
- Bail application for the first petitioner dismissed.