Kerala High Court
Xxxxxx vs State Of Kerala on 22 September, 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
MONDAY, THE 22ND DAY OF SEPTEMBER 2025 / 31ST BHADRA, 1947
WP(CRL.) NO. 609 OF 2023
PETITIONER/S:
XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
BY ADVS.
SRI.P.T.SHEEJISH
SRI.TOM THOMAS (T-369)
SMT.SANDRA TOM
SRI.A.ABDUL RAHMAN (A-1917)
SHRI.HEMANTH H.
SMT.APARNA V. DEVASSIA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE HOME SECRETARY, HOME DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 DIRECTOR GENERAL OF POLICE & STATE POLICE CHIEF
STATE POLICE HEADQUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695010
3 SUPERINTENDENT OF POLICE & DISTRICT POLICE CHIEF
IDUKKI, DISTRICT POLICE OFFICE, IDUKKI,
THODUPUZHA ROAD, PAINAVU, IDUKKI DISTRICT, PIN - 685603
4 DEPUTY SUPERINTENDENT OF POLICE
THODUPUZHA, THODUPUZHA PO,
IDUKKI DISTRICT, PIN - 685603
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W.P.(Crl.) No.609 of 2023
-2-
5 STATION HOUSE OFFICER
THODUPUZHA POLICE STATION,
THODUPUZHA P.O, IDUKKI DISTRICT,, PIN - 688584
BY ADV
PUBLIC PROSECUTOR
SMT BINDU O.V., PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 22.09.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(Crl.) No.609 of 2023
-3-
G. GIRISH, J.
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W.P.(Crl.) No.609 of 2023
------------------------------------
Dated this the 22nd day of September, 2025
JUDGMENT
CW2 in the Final Report filed by the Thodupuzha Police in
Crime No.389 of 2023 pertaining to the offences under Sections
3(1), 3(2)(a), 4(1) and 7(1)(a) of the Immoral Traffic (Prevention)
Act, 1956, has filed this writ petition, seeking the following reliefs :-
"(i) Issue a writ of Mandamus or any appropriate writ,
order or direction commanding the 2nd respondent to
immediately consider Exhibits P5 complaint of the petitioner, and
to take steps to immediately remove the images, identity of the
petitioner and defamatory articles and videos about the
petitioner from the Exhibit P6 links online media links forthwith,
so as to render the justice adequately.
(ii) Issue a writ of Mandamus or any appropriate writ,
order or direction commanding the 2nd respondent to
immediately consider Exhibits P5 complaint of the petitioner, and
to take steps (a) to initiate proceedings against the 4th
respondent personally under section Section 228-A of IPC, (b) to
grant damages to the petitioner for the illegal act committed by
the 4th respondent from his own salary or the state exchequer, so
as to render the justice adequately.
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(iii) Issue a writ of Mandamus or any appropriate writ,
order or direction commanding the respondents 3 & 5 to
immediately consider Exhibits P3 & P4 complaints of the
petitioner, and to take steps to immediately remove the images
and defamatory articles and videos about the petitioner from the
Exhibit P6 links online media links, so as to render the justice
adequately.
(iv) To declaring the right to profession, for the
petitioner in the above case and for the similarly placed
professionals to work and conduct Spas, massage centers and
cross massaging as they are neither declared illegal nor they are
banned in India, as envisaged in Article 19 (1)(g) of the
constitution of India.
(v) Issue a writ of Mandamus or any appropriate writ,
order or direction commanding the respondents 1 and 2 to
immediately consider the Exhibit P5 complaint of the petitioner,
and to take steps to issue a general directive to the police
officers in the state 'regarding the appropriate steps and
procedures to be resorted to during investigation in such
matters', so as not to harass the Spa or massage centers,
without any violation of law.
(vi) Such other relief's as this Hon'ble Court deems fit to
grant in the nature of this case."
2. The case was registered by the 4th respondent pursuant
to a raid conducted at a Spa and Massage Centre functioning at
Thodupuzha on 15.03.2023, alleging that prostitution was going on
there, with four accused indulging in sex with the lady staff of that
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institution. The 4th respondent initiated proceedings with the arrest
of three among them. After completion of the investigation, a Final
Report has been filed against the four accused on 31.03.2023
alleging the commission of the aforesaid offences.
3. The grievance of the petitioner herein, who is the CW2 in
the aforesaid Final Report, is that the Investigating Officer, without
any reasons, paraded her before the print and visual media as if she
had been involved in immoral activities. According to the petitioner,
she is duly qualified for the performance of massage therapy, and
that she had been doing only a lawful job at the aforesaid institution.
It is further alleged by the petitioner that the Investigating Officer
has wrongfully depicted the above institution as a brothel and
initiated false prosecution for the offences under the provisions of
Immoral Traffic (Prevention) Act, since the proprietors of the above
institution were not willing to give bribes. On the basis of the
aforesaid contentions, the petitioner has filed this writ petition
seeking the aforesaid reliefs.
4. Heard the learned counsel for the petitioner and the
learned Public Prosecutor representing the State of Kerala.
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5. As regards the reliefs prayed for as relief Nos.(i) and (iii),
it is seen that this Court had on 21.06.2023, passed an order
directing the 2nd respondent to take steps to remove the images of
the petitioner from the online media links mentioned in Ext.P6.
Accordingly, the necessary steps in the above regard are said to
have been taken by the Additional Superintendent of Police, Idukki
District. By the report dated 19.07.2023, the Additional
Superintendent of Police, Idukki, stated that out of the 49 URL IDs,
48 of such IDs were removed from the online channels and other
social media platforms. It is further reported by the above officer
that on verification, it is found that the posts, videos and contents
against the petitioner are not available in 48 of the above 49 URL
IDs at present. Regarding the remaining one, the Additional
Superintendent of Police, Idukki, would state that the Facebook
account concerned was found to have been hacked, and that
a petition in that regard is under the process of enquiry in Cyber
Crime Police Station, Idukki. The SHO of Cyber Crime Police Station
is reported to have addressed the authorities of Facebook to remove
the hacked account and the aforesaid request is said to be in
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process. Thus, it is seen that the grievance of the petitioner in the
above regard, has been redressed to a certain extent by the above
process initiated as per the directions of this Court.
6. As regards the other reliefs sought for by the petitioner,
it is not possible for this Court to grant the same, since the Trial
Court is yet to proceed with the trial in the Final Report pertaining to
the commission of the offences under the relevant provisions of the
Immoral Traffic (Prevention) Act registered in this case. If ultimately
the Trial Court finds that there was absolutely no basis for the
prosecution, and that a false case has been foisted under the vested
interests of the Investigating Officer, it is up to the petitioner to take
recourse to the appropriate remedies, including realisation of
compensation.
With the above observations, the writ petition stands closed.
Sd/-
G. GIRISH
JUDGE
ded/22.09.2025
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EXHIBIT OF W.P.(CRL.)NO.609/2023
PETITIONER EXHIBIT
EXHIBIT P1 TRUE COPY OF THE PROFESSIONAL EXPERIENCE
CERTIFICATE ISSUED TO THE PETITIONER DATED
18.15.2023
EXHIBIT P2 TRUE COPY OF THE FIR IN CRIME NO.389/2023 OF
THODUPUZHA POLICE STATION
EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 12.05.2023
SUBMITTED BY THE PETITIONER BEFORE THE 5TH
RESPONDENT
EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 26.05.2023
SUBMITTED BY THE PETITIONER BEFORE THE 3RD
RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 12.06.2023
SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT
EXHIBIT P6 TRUE COPY OF THE ONLINE LINKS IN WHICH THE
PETITIONER / VICTIM'S IDENTITY IS PUBLISHED.
