The Kerala High Court in the case observed and has granted bail to the appellant who was in judicial custody for allegedly making abusive and casteist remarks against the Minister for Welfare of Scheduled Castes, Scheduled Tribes and Backward Classes and Devaswom, K. Radhakrishnan in Facebook in connection with his visit to Sabarimala Ayyapa Temple.
The bench headed by Justice K Babu in the case observed while granting bail that this court have gone through the case diary. Thus, the investigation is almost in the final stage. Thus, on a perusal of the materials placed before the court, I am of the view that further detention of the appellant is not required.
In the present case, the crime was registered under Section 153A of the Indian Penal Code, IPC (promoting enmity between different groups), Section 120(o) (penalty for causing nuisance and violation of public order) of the Kerala Police Act and Section 3 (punishment for offences atrocities) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The court stated that the appellant had allegedly commented on a Facebook post along with a photograph of the Minister which was defamatory. Thus, the allegation against the appellant was that the comment contained abusive words using the caste name of the Minister.
It was alleged before the court that that the comment was made on the post to defame the appellant and to create enmity among different groups based on caste and community to disturb public tranquillity.
The counsel appearing for the appellant submitted before the court that he had no intention to defame the Minster or to create enmity between different groups based on caste or community.
It was also submitted that the appellant had only accidentally shared the Facebook post and had also made a public apology.
The court noted that the appellant had surrendered before the investigating officer and that he was arrested and produced before the Court. Further, the court noted that the appellant has been remanded to judicial custody.
The court while considering the facts and circumstances of the case observed and has granted bail on findings that the investigation was almost over and no further detention was required.
The counsel, Advocates K Shaj, Beena N.Kartha, C.Ijlal, Poornima Rajan, Arun Chand, Bharat Vijay P., Majid Muhammed K., Minu Vittorria Paulson, Gopika Gopal, Archana Suresh Archana P.P. appeared for the appellant.
The counsel, Public Prosecutor G Sudheer represented the respondent.