GEORGE M. GEEVARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner seeks grant of anticipatory bail in relation to his involvement in Crime No.41/2018 of Cyber Crime Police Station, Thiruvananthapuram, which has been registered for offences punishable under Secs.67, 67A & 67B of the Information Technology (Amendment) act, 2008, Secs.354& 506 of the IPC and Secs.13 & 14 of the POCSO Act, 2012.

(2.) The abovesaid crime has been registered on the following basis: The father of the minor victim girl aged 15 years had sent a petition dated 5.11.2018 to the Deputy Superintendent of Police, Cyber Cell, Thiruvananthapuram, complaining that earlier her daughter had sent her nude photographs to the petitioner herein who was senior to her in the school about 4 years back on his request, and that the said obscene pictures of the minor victim girl were sent by her only to the petitioner. Now after about 4 years, it has understood that 3 videos each of duration 2.25 minutes has been circulating in various Whatsapp groups in Trivandrum and other paces, whereby the abovesaid nude pictures of the minor victim girl has been circulated, and further that it is learned that the said picture made by the minor victim girl has also been included in a porn site as named in this petition. Further that, since the nude picture were given by the victim only to the petitioner herein, the said pictures have gone elsewhere only through the petitioner, and that action may be taken to investigate the matter, and to take necessary measures against the petitioner herein for promoting child pornography, etc.

(3.) Based on the said petition dated 5.11.2018 submitted by the minor victim girl's father, the Deputy Superintendent of Police has conducted an enquiry and submitted a report dated 5.11.2018 to the Inspector General of Police (Crimes), Crime Branch, wherein it is stated that on verification it was found that the alleged videos of nude picture of minor victim girl are available in certain porn sites mentioned therein, and that a link of the same is seen in another website, and all the videos are posted through a profile named "shiju3084", and the ID of the website has also been mentioned therein, etc.