'Considering Age Factor Will Give Adverse Result': Kerala HC declines Pre-Arrest to 18 Year Old Accused Of Transmitting Morphed Content Online

Noting that such offences were on the rise, the Bench of Justice Shircy V opined that a granting of bail on the consideration of age, particularly pre-arrest bail, would send out a wrong message to wrongdoers.

"These kind of offences are fast increasing in our society. So to curb such kind of offences, granting of pre-arrest considering the age factor of the petitioner will give only an adverse result. Hence, I am not inclined to grant pre-arrest bail to this petitioner though he is a college student aged only 18 years", the Judge notes in her Order.

The applicant, who regularly visited the home of the complainant to play with the latter's children, was alleged to have covertly photographed the complainant's wife, morphed it, and upload it on social media under a false account in her name. He was additionally accused of receiving money for the morphed photographs as well.

Noting that there was prima facie material demonstrating that the photographs of the wife of the defacto complainant has been morphed and transmitted in social media.

In this respect, the Court iterated that the Information Technology Act was a complete code to deal with the publication or transmission of obscene materials in electronic form.

This being a case of material transmitted electronically, Court observed that more material was needed to progress with the investigation. Because most of the material was in electronic form, time was required to collect the same, the Court observed.

Additionally, forensic analysis of the device was also necessary, the Judge states.

"As transmission of obscenity was in electronic form, definitely the investigating agency require more time to collect materials required for the prosecution. Forensic analysis of the device is a must and the investigating agency has to collect digital evidence."

Commenting upon the nature of the offence, the Court opined, "There cannot be any manner of doubt whatsoever that the gravity of the offences alleged against this petitioner are grave and serious in nature… The offences alleged against this petitioner is an affront to a decent society."

In this light, the application for pre-arrest bail was dismissed.