Morphing Woman's Picture Will Damage Her Morality & Family & Deviate Younger Generation Who Use Social Media: Madras HC Denies Bail To Accused

The Madras High Court has denied bail to a man accused of morphing a woman's pictures and circulating them.

In that context, the Bench of Justice B Pugalendhi observed that, "Though the offences for which the FIR was registered are bailable in nature, the offence u/s.67A of the IT Act is an exception. For a first time offender under this Section, the conviction with imprisonment may extend upto five years. As per Section 77B of the IT Act, the offences with three years imprisonment alone are available. Since the FIR was registered for the offence u/s.67A of the IT Act also, which is an offence punishable with imprisonment of three years and above, coupled with the gravity / impact which the crime would have on the society as a whole, this Court is not inclined to grant bail to this petitioner."

Counsel G Karuppasamy Pandiyan appeared for the petitioner, while APP T Senthil Kumar appeared for the respondent.

The petitioner, arrested and remanded to judicial custody, filed an application seeking bail. The case against the petitioner included charges under Section 354 IPC, Sections 66, 66C, and 67 of the IT Act, and later, under Sections 354C, 294(b), 509 IPC, Sections 66C, 67, 66D, and 67A of the IT Act, and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act.

The prosecution alleged that the petitioner sent obscene and vulgar messages to the defacto complainant's brother via Facebook, even after being blocked, and created a fake Instagram ID to upload morphed images of the brother's wife. The petitioner’s counsel argued that the case was motivated by a dispute between the petitioner and the complainant's brother and noted the FIR was not accessible as it involved an offence against a woman. The counsel also mentioned that all charges were bailable and the petitioner had been in prison for two months.

The State opposed the bail, citing the severity of the offence, which involved morphing a woman's picture, uploading it to social media, and portraying her as a call girl.

The High Court observed that, "The allegation levelled against the petitioner is serious in nature. Morphing a woman's picture and uploading it in the social media. Not only it will damage the woman's morality and her family, but it will also disturb and may deviate the others, particularly the younger generation, who are using the social media."

Accordingly, the petition was dismissed.

Cause Title: Haj Mohamed vs State

Click here to read/download the Judgment