The petitioner is accused of committing the offence punishable under Section 153A of the Indian Penal Code. He seeks the protection of pre-arrest bail envisaged under Section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code').

2. The prosecution case can be briefly stated as follows:

'Marunadan Malayali' is an online news page. On 12.06.2018, a news item was published in it regarding a prospective war between the members of the Islam and Christian religions. The petitioner posted a comment on this news item in the Facebook page stating that Muslim is a virus which would destroy the world. He also insulted the members of that religion describing them as dogs. In another comment made by him he insulted and abused Prophet Muhammad, thereby hurting the religious sentiments of the members of Islam religion.

3. On the basis of a complaint made by a person at the police station, Crime No.111/2018 of the Melattoor Police Station was registered against the petitioner under Section 153A I.P.C.

4. Heard the learned counsel for the petitioner and also the learned Public Prosecutor and perused the case diary.

5. In the application for bail, the petitioner has stated that he expressed apology and that he did not intend to cause any religious disharmony and that he did not mean to insult the members of any community. It is stated that the petitioner is unnecessarily roped in a criminal case by misinterpreting the comments made by him in the Facebook.

6. Learned counsel for the petitioner has contended that the petitioner had no intention to hurt the feelings of the members of any religion in making the comments. Learned counsel would also submit that the petitioner is not a member of any fanatic group. On the other hand, the learned Public Prosecutor has vehemently opposed the application contending that the comments made by the petitioner have got serious repercussions in the society and they were made by him not innocently or unwittingly.

7. The case diary contains the screen shot prints of the comments made by the petitioner in the Facebook. The petitioner has made a comment that Muslim is the virus born to destroy the world and he has described the members of Islam religion as dogs. In another comment made by him, the petitioner has insulted and abused Prophet Muhammad (the comments made by the petitioner against Prophet Muhammad do not worth to be extracted here). Suffice it to state that the comments made by the petitioner are, prima facie, blasphemous and scurrilous.

8. Section 153A (1) of the Indian Penal Code consists of three clauses of which clauses (a) and (b) alone are relevant here. Clauses (a) and (b) of Section 153A (1) I.P.C are extracted below:

"153A. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.-

(1) Whoever-

(a) by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, or

(b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquility,

xxxx xxxx xxxx xxxx

shall be punished with imprisonment which may extend to three years, or with fine, or with both."

9. Promotion or attempt to promote feelings of enmity, hatred or ill-will "between different" religious or racial or language or regional groups or castes or communities is necessary to attract Clause (a) of Section 153A(1) of I.P.C mentioned above. Commission of an act which is prejudicial to the maintenance of harmony between such groups or cas