MUHAMMED FOUSE MANAPARAMBIL Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner was the 13th accused in Crime No.200/2018 of Mancherry Police Station, Malappuram District, alleging commission of offence punishable under Sec. 228 A(1) of the Indian Penal Code and Sec. 23 (4) r/w Sec. 23(1) of the Protection of Children from Sexual Offences Act (POCSO Act), 2012. The precise allegation against the petitioner and the other accused is that they were all members and administrators of a WhatsApp group, in which certain details regarding a minor victim who was raped and killed at Kathwa, Jammu and Kashmir was shared.

(2.) The learned counsel appearing for the petitioner would submit that after the filing of a final report, the case was numbered as SC No.1377/2021 on the file of the Fast Track Special Court-II, Manjeri. It is submitted that thereafter the trial against some of the accused was split up and the case was renumbered as SC No.671/2023 on the file of the same court. It is submitted that several of accused have pleaded guilty and they have been imposed with fine of Rs.10,000.00. It is submitted that two non-bailable warrants are now pending against the petitioner. It is submitted that the petitioner is now abroad and intends to come to India on 11/9/2023, in connection with his marriage. It is submitted that there is absolutely no allegation even in the final report that the petitioner had posted any message and he has been roped in as an accused only on the ground that he was one of the administrators of the group. The learned counsel also relies on the judgment of this Court in Manual v. State of Kerala and another; 2022 (2) KHC 142, to contend that mearly by being an administrator of a WhatsApp group, the petitioner cannot be prosecuted for the offence alleged against him.

(3.) The learned Public Prosecutor submits that the case against the petitioner is now pending as SC No.1534/2021 on the file of the Fast Track Special Court, Manjeri, and the petitioner is the 2nd accused in that sessions case.