O R D E R

The application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 ( for short, BNSS ), for an order of pre-arrest bail.

2. The petitioner is the first accused in Crime No.538/2024 of the Vellathooval Police Station, Idukki, which is registered against three accused persons for allegedly committing the offences punishable under Section 79 r/w Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023 ( for short, ‘ BNS ’)and Section 67 (A) of the Information Technology Act ( for short, ‘IT Act’).

3. The crux of the prosecution case is that: the accused 1 and 2 had made an obnoxious conversation about the de facto complainant and forwarded the conversation with a nude picture of the de facto complainant standing with the first accused, to the third accused, who in turn forwarded the conversation and the picture to various mobile numbers, including posting it in the social media. Thus, the accused have committed the above offences.

4. Heard; Sri. Babu S. Nair, the learned counsel appearing for the petitioner and Smt.Pushpalatha M.K. the learned Senior Public Prosecutor.

5. The learned counsel for the petitioner submitted that the petitioner is totally innoce