ORDER :

The scope and extent of the penal provision of Section 153 of the Indian Penal Code, 1860 (for short 'IPC') is required to be considered in the present case. Accused is facing an indictment for the offence under Section 153 IPC and Section 120(o) of Kerala Police Act, 2011 (for short 'Police Act') on the basis of a post in a WhatsApp group, consisting of members of a local Municipal ward.

2. The former Home Minister of Kerala Sri.Kodiyeri Balakrishnan died on 1st of October, 2010. In a board kept by a branch committee of the Communist Party of India – Marxist, in front of a temple at Puthiyadam along with the photograph of the departed soul, it was written as OTHER LANGAUGE. The prosecution alleges that with an intention to defame the accused had edited the words in the photograph as OTHER LANGAUGE and circulated it amongst the WhatsApp group and thereby committed the offences under Section 153 IPC and Section 120(o) of the Police Act.

3. Adv. John Sebastian Ralph and Adv.Vishnumaya M.B. appearing on behalf of the petitioner contended that the offences alleged are not made out and therefore the FIR itself is an abuse of the process of the court. According to the counsel, even