ORDER

Lokeshwar Singh Panta, J.

Leave granted.

2. Challenge in this appeal by special leave is to the order dated 29.10.2007 passed by the High Court of Calcutta in C.R.M. Petition No.11072/2007. By the impugned order, the High Court has rejected the application of the appellant for the grant of pre-arrest bail filed under Section 438 of the Code of Criminal Procedure.

3. Briefly stated, the facts of the case are that the appellant works as a Radio Jockey at New Delhi with the Radio Channel `Red FM 93.5, a channel owned by Digital Radio (Delhi) Broadcasting Limited. During the course of regular morning show called "Morning No.1" [hereinafter referred to as `the Show], that was broadcasted only in New Delhi from 7-11 a.m., on 24.09.2007, the appellant discussed one Mr. Prashant Tamangs victory in the Tele- Series called "Indian Idol" telecasted on Sony Entertainment Television channel.

4. On 25.09.1997, it came to the appellants knowledge through media reports that sentiments of a certain section of the public in West Bengal were purportedly hurt given to misinterpretation of the above-said discussion on the said show.

5. On 27.09.1997, certain fans of Mr. Prashant Tamang, including one Mr. Dinesh Gurung, filed a written complaint which culminated in registration of FIR No.125/2007 under Section 153A of the Indian Penal Code [for short `IPC] against the appellant in Sadar Police Station, Darjeeling. The remarks attributed to the appellant in the FIR read as follows:-

"If Chowkidars are the Indian Idols (meaning Prashant Tamang), then wherefrom we are to obtain Chowkidars."

6. It was alleged in the FIR that the comments made by the appellant during the course of the broadcast on 24.09.2007 promoted ill-feelings amongst different races and communities in India and that the activities of the appellant were prejudicial to the communal harmony. On the basis of the misinterpretation of appellants remarks as reported in certain sections of the media, the complainants also alleged that the appellant had deliberately insulted the "Gorkhali/Nepali" community and hence he was liable to be prosecuted for an offence under Section 153A of IPC.

7. In furtherance of FIR No.125/2007, the Inspector-in-Charge, Sadar P.S. Darjeeling (W.B.) wrote a letter dated 01.10.2007 to learned Chief Judicial Magistrate, Darjeeling, praying for issuance of Warrant of Arrest against the appellant. On 06.10.2007, the learned Chief Judicial Magistrate, Darjeeling, issued warrant of arrest of the appellant.

8. The appellant apprehending his arrest in connection with the aforesaid case approached the High Court for grant of anticipatory bail on the ground that he has never made the statements being attributed to him by the various media reports and produced copy of the transcripts of the Show. He stated that the requisite mens rea for constituting an offence under Section 153A of IPC was missing as the entire Show was based on humour and satire. The appellant contended that he had not made any implicit or explicit statements portraying any community in bad light or disrespect. However, on 26.09.2007 during the course of the Show `Morning No.1, the appellant tendered an apology for any unintentional hurt caused to the sentiment of any community owing to any misinterpretation or wrongly portrayal of his remarks. It was stated that during the said broadcast, Mr. Prashant Tamang appeared on the Show vide a telephonic interview and himself clarified the misunderstanding and stated that in his opinion the appellant had not made any derogatory remarks.

9. The Radio Channel of which the appellant is an employee issued a Press Release on 27.09.2007 congratulating Mr. Tamang on his achievement and also quoting his specific remarks regarding the entire sequence of events being just misunderstanding. The said Channel further published an advertisement saluting Mr. Tamangs victory on 28.09.2007 and reaffirming its commitment to the cause of promoting musical talent in North-East