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2025 Supreme(Online)(KER) 15351

HIGH COURT OF KERALA
G. GIRISH, J
MATHEW SAMUEL – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
P.K.VARGHESE, JERRY MATHEW, M.T.SAMEER, DHANESH V.MADHAVAN, REGHU SREEDHARAN, RAMEEZ M. AZEEZ, DEVIKA K.R.

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-driv

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