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2026 Supreme(Online)(Ker) 16304

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
NIKHIL K.NAIR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.A.UNNIKRISHNAN, SRI.K.K.AKHIL
For the Respondents: SRI.ANIL PRASAD, SRI.SABU P.JOSEPH, SRI.C.N.SREEKUMAR, SHRI.TONY GEORGE THOMAS, SMT.ARYA K.K., SMT.ANIMA M

Table of Content
1. summary of the events leading to the case. (Para 2 , 3)
2. argument regarding the applicability of defamation and obscenity laws. (Para 4 , 5)
3. court observations on evidence and legal interpretation. (Para 6)

O R D E R

The accused in C.C No.471/2018 on the files of the Judicial First Class Magistrate Court-VIII, Maradu, has filed this petition under Section

482 Cr.P.C, to quash the proceedings against him in the aforesaid case.

2. The prosecution case is summarised as follows:

The petitioner was working as Front Office Executive in a hotel where CW1, a lady aged 37 years, was working as Human Resources Manager. The petitioner had to resign from the above hotel due to the non-approval of the excess leave availed by him. For the above reason, the petitioner was having enmity with CW1. As a result of the above enmity of the petitioner with CW1, he posted sexually coloured obscene messages portraying CW1 as a lady of loose morales in the Whatsapp group of the present and past employees of that hotel, and thereby denigrated her. Thereafter, he deleted the objectionable messages from his mobile phone, to cause disappearance of evidence. Thus, the petitioner committed the

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