ORDER :

This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.

2. The petitioner is the accused in Crime No.987/2020 of Pathanamthitta Police Station. The above case is registered against the petitioner alleging offence punishable under Section 294(b) IPC, Section 67 of the Information Technology Act, 2000 and Section 120(o) of the Kerala Police Act.

3.The prosecution case in nutshell is that the petitioner is an anchor of an online news channel which is airing news in Youtube and Facebook, published a news item which is lascivious and appeals to the prurient interest and hence the act amounts to an offence under Section 67 of the Information Technology Act and other offences. Therefore, the petitioner committed the above offence.

4. The counsel for the petitioner submitted that, even if the entire allegations in the complaint submitted by the defacto complainant are accepted, no offence under Section 294(b) IPC and Section 67 of the Information Technology Act is attracted. He submitted that the only non bailable offence is under Section 67 of the Information Technology Act. He also submitted that, eventhough such a news item was tr