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BECHU KURIAN THOMAS
Sunil Mathew – Appellant
Versus
Station House Officer Museum Police Station – Respondent
ORDER :
Petitioner challenges one of the conditions imposed upon him while granting anticipatory bail.
2. The Supreme Head of the Believers Church - Sri. K.P. Yohannan alias Moran Mar Athanasius Yohan Metropolitan is alleged to have died in an accident during a visit to the United States of America. Petitioner who claims to be the Managing Editor of a YouTube news channel called ‘i2i News’ alleges that he, as a professional journalist, obtained information during his investigative journalism that there was foul play behind the death of the Bishop and filed complaints before the State Police Chief with all good faith. A petition dated 28-05-2024 has been submitted by the petitioner before the State Police Chief.
3. In the meantime, a complaint was filed by another Bishop of the Believers Church, alleging that on 09-05-2024 and 21-05-2024, the second accused had aired false news through his news channel - the first accused , stating that the death of the Bishop was not accidental but was the result of a planned murder. It was also alleged that the third accused demanded advertisements on the news channel failing which the accused threatened the Church of publishing such false news which
Bail conditions must respect fundamental rights and cannot impose unreasonable restrictions on freedom of expression.
The judgment emphasizes the importance of protecting the freedom of the press and journalists' ability to carry out their journalistic endeavors.
The central legal point established in the judgment is the assessment of hate speech allegations, the responsibility of the media, and the right to free speech under the Constitution of India.
The necessity of custodial interrogation alone is insufficient for granting anticipatory bail; courts must consider the prima facie case and seriousness of allegations.
The judgment emphasizes the need for a thorough and fair investigation in cases of alleged offences and highlights the distinction between free speech and hate speech in the context of the penal law.
Granting anticipatory bail based on unconditional apologies and undertakings not to conduct similar activities in the future.
The seriousness of the allegations, particularly the act of removing the turban of the elderly person and uploading the video, influenced the court's decision to refuse anticipatory bail.
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