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2021 Supreme(Online)(KER) 46598

HIGH COURT OF KERALA
ASHOK MENON, J
PRATHEESH – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SMT.E.S.SONI, SRI.R.KRISHNA RAJ, SMT.KUMARI SANGEETHA S.NAIR, SMT.K.K.SHEEBA- PP

O R D E R

Dated this the 5th day of February 2021 This is an application for anticipatory bail under Section 438 of Cr.P.C.

2. The applicant is the 2nd accused in Crime No.256/2019 of Kongad Police Station for having allegedly committed the offences punishable under Section 153A of the I.P.C. and under Section 120 (o) of the Kerala Police Act .

3. The prosecution case, in brief, is that the applicant had shared a video post by the 1st accused in his social media on 24.08.2019, regarding the de facto complainant consuming alcohol dressed as Lord Sree Krishna and he also mentioned that the de facto complainant is a follower of the Christian religion. He thus he committed the offence of promoting enmity between different groups on grounds of religion, an offence punishable under Section 153A of the I.P.C., and is also guilty of causing through means of communication in the social media a nuisance to other persons attracting an offence under Section 120 (o) of the K.P.Act.

4. The applicant states that the allegations are not true and that he had only shared a video posted by the 1st accused, which shows a person consuming alcohol attired as Lord Sree Krishna. As he was hurt, he shared

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