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Kerala High Court Grants Bail in Case Over Casteist Comment Against Minister

Ernakulam: The Kerala High Court on Thursday granted bail to a person accused of posting an abusive, casteist comment on Facebook targeting the State Minister for Devaswom , Sri. K Radhakrishnan . Justice K. Babu allowed the criminal appeal, setting aside the order of the Sessions Court, Pathanamthitta, which had earlier denied bail.

The appellant, Suresh Kumar @ Sarath Nair, had been in judicial custody since surrendering on January 4, 2024, in connection with Crime No. 986/2023 of Pulikeezhu Police Station.

Case Background

According to the prosecution, on December 27, 2023, the appellant posted a comment in a Facebook group containing abusive words using the caste name of the Minister. The comment was posted along with the Minister's photograph, allegedly with the intention to insult and defame him in connection with his Sabarimala visit. The prosecution further contended that the post aimed to create enmity among different groups based on caste and community and disturb public tranquility.

The appellant was booked under serious charges, including Section 153A of the Indian Penal Code (promoting enmity between different groups), Section 120(o) of the Kerala Police Act (causing annoyance in a manner likely to cause a breach of the peace), and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (intentional insult or intimidation with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view, and abusing by caste name in any place within public view).

Arguments Presented

The appellant's counsel argued that the act was not intentional and that the appellant did not intend to defame the Minister or incite enmity. It was submitted that the appellant had merely accidentally shared a post from another Facebook group. The counsel also highlighted that the appellant had made a public apology on Facebook (Annexure A3) and contended that the mens rea (criminal intent) for the commission of the offence was doubtful.

The learned Public Prosecutor, representing the State and the victim, submitted that the prosecution materials did contain the necessary ingredients for the offences alleged against the appellant.

Court's Reasoning and Decision

Justice K. Babu reviewed the case diary and noted that the investigation was nearing completion. The Court was of the view that, based on the materials placed before it, the further detention of the appellant was not required.

Consequently, the Court allowed the criminal appeal, set aside the lower court's order denying bail, and ordered the release of the appellant on bail subject to conditions.

Bail Conditions

The Kerala High Court imposed the following conditions for granting bail:

1. The appellant shall execute a bond for Rs. 2,00,000/- (Rupees Two Lakhs Only) with two solvent sureties for the like sum to the satisfaction of the Jurisdictional Court.
2. The appellant shall appear before the Investigating Officer on the last Saturday of every month until the final report is filed.
3. The appellant shall not involve himself in any other offence while on bail.

The order was delivered on January 25, 2024.