Pre-arrest bail granted under strict conditions despite serious allegations of promoting enmity, emphasizing cooperation with investigation and non-repetition of alleged acts.

O R D E R

The accused in Crime No.338/2025 of the Erattupetta Police Station, has filed this petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023, for pre-arrest bail.

2. The prosecution case is that the petitioner, with an intention to promote enmity between the Muslim and non-Muslim communities, and to create unrest in the society, uploaded a video through his YouTube channel on 13.03.2025, exhorting the members of the non-Muslim community that they shall not maintain any co-operation with the Muslim community in Erattupetta, and that they should boycott the shops and other institutions run by the Muslim community. Thus, the petitioner is alleged to have committed the offences under Sections 196 (1)(a) and 299 of the Bharatiya Nyaya Sanhita , 2023, and Section 120 (o) of the Kerala Police Act ,2010 .

3. In the present petition, the petitioner would contend that he had not committed any offence as alleged, and that the allegations against him are politically motivated.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.

5. The mahazar prepared by the Police in respect of the contents of a pen-drive containing the programme uploaded by the petitioner in his YouTube channel, would reveal that the petitioner had made highly vituperative statements about the members of the Muslim community in Erattupetta, and urged the non-Muslim residents of Erattupetta to cut their dealings and co-operation with the persons belonging to Muslim community in that place. So also, it is seen that the petitioner has compared the Islamic believers of Erattupetta to Taliban activists and warned the audience of his speech that if the state of affairs continued as such, it would result in horrendous catastrophe. There is absolutely no justification for the above outrageous act of the petitioner as seen from the contents of the programme uploaded by the petitioner in his YouTube channel. However, it appears that the detention of the petitioner in prison, pending the investigation in this case, need not be ordered, if the petitioner is ready to subject himself to custodial interrogation and co-operate with the investigation. So also, it is imperative that the petitioner shall refrain from repeating the commission of similar crimes as alleged in this case. Therefore, I am of the view that the petitioner is entitled for pre-arrest bail subject to strict conditions, including surrender before the Investigating Officer and subjecting himself for custodial interrogation.

Accordingly, the application stands allowed as follows:

(i) The petitioner is directed to surrender before the Investigating Officer at 8:00 am on any day before 23.04.2025.

(ii) Upon such surrender, the Investigating Officer will be free to arrest the petitioner, subject him to custodial interrogation and to proceed with the collection of evidence till 5:00 pm, on the date of his surrender.

(iii) If arrested, the petitioner shall be released on bail within a time not later than 5:00 pm on the date of his surrender on execution of bond for Rs.50,000/-(Rupees fifty thousand only), with two solvent sureties each, for the like amount.

(iv) The petitioner shall appear before the Investigating Officer on such other days also, as required by the Investigating Officer and co-operate with the investigation.

(v) The petitioner shall not repeat the commission of any acts as alleged in this case, or involve in any crime during the period of bail.

(vi)The petitioner shall not try to influence the witnesses or tamper the evidence.

(vii)In the event of failure of the petitioner to comply with the aforesaid directions, this order will stand cancelled.

(viii)If the petitioner violates any of the aforesaid bail conditions, the Jurisdictional Magistrate will be empowered to cancel the bail upon an application moved by the prosecution or the de facto complainant.