ORDER

The petitioner is the accused in Crime No.1698 of 2019 registered at the Ernakulam Central Police Station, now pending as C.C.No.210 of 2022 on the files of the Judicial First Class Magistrate Court-II, Ernakulam. Therein the petitioner is facing charges for offences under Sections 505 (1)(b) of the Indian Penal Code and 118(b), 118(c) and 120(o) of the Kerala Police Act , 2011. The case originated from Crime No.1698 of 2019 registered suo motu by the Ernakulam Central Police Station in relation to a comment posted in the Facebook account by the petitioner on 11.08.2019, a rough translation of which reads as under;

‘if anyone wants to help, they can do it directly. Pinarayi is agitated for not getting the amount directly and if paid, it will be swindled'.

2. The learned Counsel for the petitioner contended that every citizen has the right to criticize the Government and such criticism cannot result in prosecution. The right to freedom of expression guaranteed under Article 19(1) of the Constitution cannot be curtailed, except for justifiable reasons. The petitioner's Facebook post does not affect the sovereignty and integrity of India, the security of the State, friendly rela