Kerala High Court grants anticipatory bail to Reporter TV journalists booked under POCSO for TV skit

The Kerala High Court on Monday granted anticipatory bail to Arun Kumar K, anchor of Malayalam news channel Reporter TV, and its sub-editor (digital) Shabas Ahmed S in connection with a case registered over inappropriate representation of a minor girl during a televised skit [Arun Kumar K & Anr v. State of Kerala]..Justice PV Kunhikrishnan opined that while some of the comments made by the journalists in the skit were indecent and unnecessary, they don't prima facie attract the offences alleged under the Protection of Children from Sexual Offences Act (POCSO Act)."I am of the prima facie opinion that the conversation may not amount to any criminal offence but it was inappropriate and should have been avoided by reporters of a channel", the Court said. The Court, however, made it clear that this observation was made only for the purpose of considering the bail application and should not be considered by the investigating officer. .Kerala High Court questions POCSO case against Reporter TV journalists.The two journalists were booked under the POCSO Act on allegations that a minor girl, who was featured in a skit broadcast by Reporter TV, was indecently portrayed.The tele-skit was aired by Reporter TV on January 6, during the news channel's coverage of the now-concluded Kerala State School Youth Festival.The skit featured a girl who was participating in an Oppana (a traditional dance played during Muslim weddings) competition. Shabas Ahmed was seen interacting with the Oppana participant, who was dressed as the 'manavatti' (bride). Ahmed was depicted as calling out to the participant to tell her that she looked good as the manavatti in the Oppana, while romantic music from the film Ustad Hotel played in the background..After the skit was telecast, Kumar hosted a TV segment on January 8 where he interacted with Ahmed and another reporter. During the segment, he asked Ahmed whether he had met the minor girl again. When Ahmed said he had not, Kumar was seen replying that it was better for both Ahmed and the minor girl that they do not see each other again. .These TV segments were later removed by Reporter TV from its platforms. Meanwhile, the Director of the State's Department of Women and Child Development filed a POCSO complaint against three Reporter TV staff, including Kumar and Ahmed. The Cantonment police in Thiruvananthapuram registered a case citing charges under Sections 11(i) and 12 (sexual harassment) of the POCSO Act and Section 3(5) (common intention) of the Bharatiya Nyaya Sanhita, 2023 (BNS).Kumar and Ahmed then sought anticipatory bail in this case, contending that the skit was a purely scripted one which was telecast with the consent of the minor girl as well as her parents and teachers. They asserted that the skit lacked any sexual intent, contrary to the complaint's claims. The plea added that Kumar's remarks on January 8 were purposefully misconstrued. "He said that it was better for the two of them to not see each other again. This particular remark was deliberately manipulated and misinterpreted to give it a sexually suggestive connotation. However it is pertinent to note that there is nothing in the said conversation in order to attract an offence under the POCSO Act," the petition said..The petitioners also contended that the case filed against them was politically motivated, given the news channel's critical stance on major political parties. .The petitioners were represented by Senior Advocate P Vijaya Bhanu and advocates PK Varghese, MT Sameer, Dhanesh V Madhavan, Jerry Mathew, Reghu Sreedharan and Devika KR.