The Kerala High Court has granted regular bail to a 19-year-old accused of stalking a minor girl and circulating her nude photographs on social media. Justice Jobin Sebastian allowed the bail application, noting that while the allegations were serious, the accused was a teenager at the time of the offense and the investigation had reached a crucial stage.
Background of the Case
The case, registered as Crime No. 1018 of 2025 at Mathilakom Police Station, Thrissur, involves allegations under the Protection of Children from Sexual Offences (POCSO) Act, the Information Technology Act, and the Bharatiya Nyaya Sanhita (BNS).
According to the prosecution, the accused, with sexual intent, stalked the survivor between 2023 and July 8, 2025, both on social media platforms and physically near her school in Vemballur. It is alleged that the accused demanded nude photographs from the survivor via WhatsApp, obtained them, and subsequently published the images on social media, thereby sexually harassing her.
The accused was charged under Sections 12 read with 11(ii) and 11(iv) of the POCSO Act, 2012; Section 78 of the Bharatiya Nyaya Sanhita, 2023; and Sections 66(E) and 67(B) of the Information Technology Act, 2000.
Arguments of the Parties
Counsel for the petitioner, Advocate Azeem Salih, contended that the accused is “totally innocent of the allegations levelled against him.” The defense argued that the petitioner was a teenager at the time of the alleged offense and urged the Court to show leniency considering his young age. Furthermore, the counsel submitted that the accused and the survivor were in a relationship, and the case was “falsely foisted at the instigation of the parents of the victim girl” following a breakup.
Opposing the plea, the Public Prosecutor, Advocate Sangeethraj, vehemently argued against granting bail. The prosecution highlighted the serious nature of the offenses, specifically the allegation that the accused transmitted nude videos of the victim through social media.
Court’s Analysis
Justice Jobin Sebastian observed that a perusal of the case records revealed that the accusation against the petitioner was “prima facie well-founded.” The Court remarked on the gravity of the alleged actions, stating:
“The allegation that the petitioner transmitted nude videos of the victim girl through social media, unmindful of the future of the victim girl and the social stigma attached thereto, cannot be viewed lightly.”
However, the Court balanced these concerns with the personal liberty of the accused. The Bench acknowledged the defense’s submission regarding the petitioner’s age, noting that he was a teenager at the relevant time and had no prior criminal antecedents.
The Court further observed that the petitioner had been in judicial custody since his arrest on November 15, 2025. It was also noted that the electronic gadgets allegedly used for the commission of the offense had already been recovered by the police.
Regarding the status of the probe, Justice Sebastian stated: “The investigation in the case has reached a major and crucial stage and is on the verge of completion. As the investigation has substantially progressed, further judicial incarceration of the petitioner, who was a teenager at the relevant time, is unwarranted.”
Decision
Consequently, the High Court allowed the bail application subject to stringent conditions to ensure the safety of the survivor and the integrity of the process. The petitioner was ordered to be released on bail upon executing a bond for Rs. 1,00,000 (Rupees One Lakh) with two solvent sureties for the like sum.
The Court imposed the following conditions:
- The petitioner shall not contact the victim girl, either directly or indirectly, or through any electronic or social media platforms.
- He must appear before the Investigating Officer every Monday between 10 a.m. and 11 a.m. for three months or until the final report is filed.
- He is prohibited from making any inducement, threat, or promise to witnesses.
- He shall not leave India without the permission of the jurisdictional Court.
- He shall not commit any offense while on bail.
The Court clarified that if any conditions are violated, the investigating officer is at liberty to apply for the cancellation of bail before the jurisdictional court.
