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2021 Supreme(Online)(KER) 32549

... – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

This is an application for regular bail.

2. Petitioner is the accused in Crime No.1322/2021 of Njarakkal police station, alleging commission of offences under Sections 66E and 67A of the Information Technology Act, Section 354(D) of the Indian Penal Code and Section 12 r/w. 11(v) of the Protection of Children from Sexual Offences Act.

3. The allegation against the petitioner is that, he had sent explicit photos of the victim girl to her brother's mobile phone and thereby, he committed the offence under the aforesaid provisions of law.

4. Learned counsel appearing for the petitioner submits that the only non-bailable offence that is alleged is that under Section 67A of the Information Technology Act and that even if the entire prosecution allegations are accepted as true, the offence under Section 67A of the Information Technology Act is not attracted. It is also submitted that the petitioner has been in custody from 18.11.2021 and further detention of the petitioner is not necessary in the facts and circumstances of the case.

5. Learned Public Prosecutor submits that the allegations against the petitioner is that, when the brother of the victim objected to the petitioner having no

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