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2010 Supreme(Online)(KER) 19600

HIGH COURT OF KERALA
K.HEMA, J
ABHIJITH R PRASAD – Appellant
Versus
STATE OF KERALA AND OTHERS – Respondent


Advocates:
SRI.V.VENUGOPALAN NAIR, SRI. M.S.BREEZ

O R D E R

This petition is for anticipatory bail.

2. The offence alleged is under Section 67 of the Information Technology Act. According to prosecution, petitioner morphed certain photographs of some women to make them appear to be nude using his computer. When the de facto complainant went to the petitioner's house, he happened to see the morphed photographs in the computer, while the petitioner was operating his computer. Hence, he made a complaint and case was registered under Section 67 of the Information Technology Act.

3. Learned counsel for the petitioner submitted that the petitioner was aged only 16 years at the time of alleged offence. He is a student. He had learned a software “Photo shop” and he along with his friends edited the photos using the software “photo shop”. But none of those photographs were published or transmitted or caused to be published in internet. Section 67 of the IT Act reveals that publication is an offence. The petitioner, later on realising that he should not have done the act, deleted the edited photographs. The hard disk of the computer was given to a neighbour, when he demanded the same.

4. The de facto complainant is an enemy of petitioner's fat

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