FATHIMA A.S. Vs. STATE OF KERALA

JUDGEMENT

(1.) These Bail Applications filed under Section 438 of the Criminal Procedure Code (Cr.P.C) were heard through Video Conference.

(2.) The petitioner, a mother asked her two minor children, aged 14 (boy) and 8 (girl) to paint on her naked body above the navel. The children painted on her naked body. The petitioner recorded it as a video. After that, the video is uploaded in social media with the heading "Body Art and Politics."

(3.) When this video was found by the Cyber dome, Kochi City Police, they submitted a report before the Inspector General of Police and the Commissioner of Police, Kochi stating that this is a child pornography related crime in social media. The Inspector General of Police and the Commissioner of Police, Kochi City, forwarded the report to the Station House Officer, Ernakulam Town South Police Station for necessary action. Based on the report, Crime No.478 of 2020 was registered by the Ernakulam Town South Police Station alleging offences punishable under Sections 13, 14 and 15 of the Protection of Children from Sexual Offences Act,2012 ('POCSO Act') and under Section 67B(d) of the Information Technology Act,2000 (I.T.Act). Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 is also alleged against the petitioner. Crime No.2067 of 2020 was registered at Thiruvalla Police Station for the same set of facts against the petitioner. Therefore, B.A. No.3861 of 2020 and B.A. No.4041 of 2020 are filed by the petitioner under Section 438 of the Code of Criminal Procedure (Cr.PC). When these applications came up for consideration, the learned Public Prosecutor submitted that the Crime registered at Thiruvalla Police Station is clubbed with Crime No.478/2000 of the Ernakulam Town South Police Station. Therefore, B.A. No.4041 of 2020 is infructuous.