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2023 Supreme(Ker) 368

V. G. ARUN
Sumesh G. S. @ Sumesh Marcopolo S/o Gopi – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellants : I.V. Pramod, Saira Souraj P.
For the Respondents: K. Nandini, Renjith George.

JUDGMENT :

V.G. ARUN, J.

1. The appellants are accused Nos. 1 and 2 in Crime No. 574 of 2022, registered at the Infopark Police Station for offences punishable under Sections 354A (1)(iii), 354A (iv) of Indian Penal Code, Sections 66E and 67A of Information Technology Act and Sections 3(1)(r), 3(1)(s), 3(1)(w)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act ('PoA' Act for short). The FIR is registered based on the 2nd respondent' complaint. The gist of respondent's allegations are as under:

    The 2nd respondent had filed a complaint against her former employer T.P. Nandakumar, who was running an online news channel by name 'Crime Online', alleging that Nandakumar had compelled her to videograph her nudity for creating a morphed video of a lady Minister of the State. Based on the complaint, Crime No. 712 of 2022 was registered at the Ernakulam Town Police Station and T.P. Nandakumar was arrested. Provoked by the arrest of T.P. Nandakumar, the appellants, who are also media persons working in an online channel by name 'Bharath Live', published news items containing disparaging remarks against the 2nd respondent and picturising her as a lady of loose morals.

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