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IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
ANOOP K – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
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| 1. petitioner argues that the allegations do not constitute the offences charged. (Para 3 , 6) |
| 2. court concludes that the prosecution has enough material for the petitioner to face trial. (Para 4 , 8) |
| 3. court observes sufficient evidence exists for trial; intent and obscenity to be determined by trial court. (Para 5 , 7) |
O R D E R
The second accused in S.C No.1646/2023 on the files of Sessions Court, Ernakulam, has filed this petition under section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to quash the proceedings against him in the said case. The offences alleged against the petitioner are under sections 294(b), 354A(1)(iii)(iv), 506 and 509 I.P.C r/w Section 34 I.P.C, Sections 3(1)(r)(w)(ii) and 3(2)(va) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,1989 and Sections 66E, 67A and 84C of the Information Technology Act, 2000.
2. The case against the petitioner is summarised as follows:
The petitioner works in an online channel conducted by the first accused as Chief Editor. The de facto complainant, who belongs to the Scheduled Tribe community, joined the above online channel as an employee from 20.04.2022 onwards. The first accus
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