Kerala High Court: While hearing a bail application, a Single Judge Bench of Jobin Sebastian, J., considered whether a 19-year-old accused charged under the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’), the Bharatiya Nyaya Sanhita, 2023 (‘BNS’), and the Information Technology Act, 2000 (‘IT Act’), should be released on bail for sharing a girl’s nudes on social media, and held that though the allegations were serious, the accused’s age, absence of criminal antecedents, and the advanced stage of investigation justified bail.
Between 2023 and 08-07-2025, the accused stalked a minor girl through social media and near her school. He also demanded nude photographs through WhatsApp, obtained them, and later published them online and thereby sexually harassed the girl. Based on these allegations, offences were invoked under Sections 12 read with 11(ii) and 11(iv) of the POCSO Act, Section 78 BNS, and Sections 66-E and 67-B of the IT Act.
The accused’s counsel alleged that the accused was a teenager at the time of the alleged commission of the offence and, considering his young age, some leniency must be shown in the matter of bail. It was submitted that he was in love with the girl and that, after their breakup, the present case was falsely foisted at the instigation of her parents. However, the Public Prosecutor opposed the bail application, stressing the grave nature of the offences and the social stigma attached.
The Court noted that the accusations against the accused were prima facie well-founded, particularly the allegation that he transmitted nude videos of the girl through social media. The Court observed that such conduct could not be viewed lightly. However, the Court opined that the accused was a teenager at the time of the alleged offence, and no criminal antecedents were pointed out against him. The Court further noted that the petitioner had been arrested on 15-11-2025 and remained in judicial custody since then. The electronic gadgets allegedly used for the offence had already been recovered, and the investigation was on the verge of completion. In these circumstances, the Court observed that further judicial incarceration was unwarranted.
Consequently, the Court allowed the bail application while imposing stringent conditions like execution of a bond of Rs 1 lakh with two solvent sureties, prohibition on contacting the victim, mandatory appearance before the Investigating Officer every Monday for three months or until the final report is filed, cooperation with investigation, restriction on leaving India without permission, and abstention from committing any offence while on bail.
[Amal v. State of Kerala, 2025 SCC OnLine Ker 15027, decided on 30-12-2025]
Advocates who appeared in this case:
For the Accused: Azeem Salih, B. Vinod, Hamdan Mansoor K., Advocates.
For the Respondents: Sangeethraj, Public Prosecutor.
Buy Protection of Children from Sexual Offences Act, 2012 HERE
