Kerala High Court
George M. Geevarghese vs State Of Kerala on 3 December, 2019
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY, THE 03RD DAY OF DECEMBER 2019 / 12TH AGRAHAYANA, 1941
BAIL APPL.NO.8258 OF 2019
CRIME NO.41/2018 OF CYBER CRIME POLICE STATION,
THIRUVANANTHAPURAM
PETITIONERS/ACCUSED:
GEORGE M. GEEVARGHESE,
MOOTHEVATH HOUSE, NALANCHIRA P.O.,
THIRUVANANTHAPURAM-695015.
BY ADVS.
SRI.M.P.ASHOK KUMAR
SRI.P.C.GOPINATH
SMT.BINDU SREEDHAR
SHRI.ASIF N
RESPONDENT/COMPLAINANT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, -682031.
SRI.AMJAD ALI, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
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B.A. No. 8258 of 2019
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Dated this the 3rd day of December, 2019
ORDER
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 B.A. No. 8258 of 2019 ..3..
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 B.A. No. 8258 of 2019 ..4..
has also been mentioned therein, etc.
4. Further that it is found out that the screen shots of the Whatsapp group through which the alleged videos are being circulated, has been created by a mobile cell number mentioned therein, whose address is "Ms Nisha Khan, W/o.Shanavas Khan, Tc 49/502(4), SRA-54A, Jannath, Konchiravila, Nilama, Manacaud P.O., Thiruvananthapuram, PIN-695009". It is seen that the name of the petitioner is not mentioned in the said letter dated 5.11.2018 submitted by the Deputy Superintendent of Police, Cyber Crime Police Station, Thiruvananthapuram addressed to the IG of Police ( Crimes).
5. The counsel for the petitioner would point out that he has not in any manner transmitted any of the nude pictures of the minor victim girl in this case, and the alleged incident of minor victim girl sending her nude pictures to the petitioner was stated to be about more than 4 years back. Further that, even the Deputy Superintendent of Police, Cyber Cell, has not been able to get any materials whatsoever to even remotely connect the petitioner with the persons who have actually published the nude pictures in the websites and circulated it through the Whatsapp group, as B.A. No. 8258 of 2019 ..5..
mentioned in the said letter. It is also submitted that the petitioner has already been interrogated and fully co-operated with the I.O., and he has surrendered the mobile and the laptop used by him at the relevant time as directed by the I.O., etc and that this Court may grant anticipatory bail to the petitioner subject to any appropriate conditions, etc.
6. On being queried, as to whether the Investigating Officer has been able to get any materials so as to connect the petitioner's involvement with the persons who have allegedly circulated the nude pictures in the Whatsapp group and in the porn websites etc, the learned Prosecutor has pointed out that, no such adverse materials have so far been disclosed so as to connect the petitioner with the porn site or Whatsapp group, etc.
7. It is seen that the laptop and mobile of the petitioner was surrendered as early as on 11.11.2018. The Deputy Superintendent of Police, Cyber Cell, has also submitted his enquiry report on 5.11.2018. Even after the petitioner has surrendered his computer accessories and mobile phone, the investigating agency has not so far been able to get any cogent materials connecting the petitioner with the persons who are B.A. No. 8258 of 2019 ..6..
responsible for the porn site and the Whatsapp group, etc.
8. Accordingly the following directions and orders are passed.
i. The petitioner will immediately personally appear before the Investigating Officer(I.O.) concerned for interrogation purposes without any further delay at any rate by 9 am on any day on or before 20.12.2019, or within such time limit that may be extended by the I.O. as he deems fit and proper. ii. The petitioner will fully co-operate with the Investigating Officer in the conduct of the above interrogation process. iii. After the interrogation process is over, in case the Investigating Officer arrests the petitioner in relation to the abovesaid crime, then he shall be released on bail on his executing bond for Rs.40,000/- and on his furnishing two solvent sureties for the like sum, both to the satisfaction of the Investigating Officer concerned.
9. Further it is also ordered that the grant of bail will be subject to following conditions:-
i. The petitioner shall not involve in any criminal offences of similar nature.
ii. The petitioner shall fully co-operate with the investigation. iii. The petitioner shall report before the Investigating Officer as and when required in that connection. iv. The petitioner shall not influence witness or shall not tamper or attempt to tamper evidence in any manner, whatsoever. B.A. No. 8258 of 2019
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If there is any violation of the abovesaid conditions by the petitioner then the jurisdictional court concerned stand hereby empowered, to consider the plea for cancellation of bail at the appropriate time.
With these observations and directions, the above Bail Application will stand disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE MMG