Arun v. State of Kerala

Pragya AgrawalCase Summary

sexually explicit content

Arun v. State of Kerala
In the High Court of Kerala
B.A. 1497/2016
Before Justice Sunil Thomas
Decided on February 29, 2016

Relevancy of the case: Bail application in a case involving the creation of a website and Facebook page showing sexually explicit content of minors

Statutes and Provisions Involved

  • The Information Technology Act, 2000 (Section 67, 67B(b), 67B(c), 67B(d))
  • The Indian Penal Code, 1860 (Section 370(1), 34)
  • The Protection of Children from Sexual Offences Act, 2012 (Section 13, 14(1))

Relevant Facts of the Case

  • The petitioner in this case was accused of creating a website and a Facebook page, where he, along with others, posted pornographic images of female minors. They also posted abusive, sexual, and obscene comments on these platforms.
  • The petitioner was arrested by the police but the same was recorded after twenty-three days and he had been in custody till since then.

Opinion of the Bench

  • Precedents are available with similar facts and situations, where bail was granted.

Final Decision

  • Appeal allowed.
  • Bail granted with conditions.