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2025 Supreme(Online)(Ker) 52922

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
SONY GEORGE – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.VIJAYA BHANU (SR.), SRI.P.M.RAFIQ, SRI.M.REVIKRISHNAN, SRI.AJEESH K.SASI, SRI.V.C.SARATH, SMT.POOJA PANKAJ, SRUTHY N. BHAT
For the Respondents: SHRI.M.K.DILEEP KUMAR, SRI RENJIT GEORGE, SR. PUBLIC PROSECUTOR

Table of Content
1. allegations of posting explicit content. (Para 1 , 2 , 3)
2. legal arguments presented. (Para 4)
3. court analysis of evidence and statutory requirements. (Para 5 , 6 , 7 , 8)

O R D E R

The accused in C.C No.89/2019 on the files of the Judicial First Class Magistrate Court -III, Thrissur has filed this petition under Section 482 Cr.P.C to quash the proceedings against him in the aforesaid case. The offences alleged against the petitioner are under Sections 201 I.P.C, Section 67A of the Information Technology Act , 2000, and Section 118 (d) of the Kerala Police Act .

2. The prosecution case is that the petitioner, who is a member of a whatsapp group, posted sexually explicit photos in that group on 09.02.2015, causing annoyance to the members of that Whatsapp group, who had the occasion to view the above post. It is alleged that the petitioner, using his Samsung mobile phone, sent through electronic media, the picture of a lady with naked breasts embracing a man, to the whatsapp group, and thus committed the aforesaid offence. It is further alleged that the petitioner had removed the memory card containing the aforesaid pictures from his mobile phone, and thereby caus

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