LAWS(SC)-2024-8-60

SHAJAN SKARIA Vs. STATE OF KERALA

Decided On August 23, 2024
Shajan Skaria Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This appeal arises from the judgment and order dtd. 30/6/2023 passed by the High Court of Kerala at Ernakulam in Criminal Appeal No. 906 of 2023 filed by the appellant herein by which the High Court dismissed the appeal and thereby affirmed the order dtd. 16/6/2023 passed by the Special Judge for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Ernakulam Division declining to grant anticipatory bail to the appellant herein in connection with the First Information Report No. 899 of 2023 lodged by the complainant (Respondent No. 2) at the Elamakkara Police Station, District Ernakulam for the offence punishable under Ss. 3(1)(r) and 3(1)(u) respectively of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the "Act, 1989").

(2.) On 24/5/2023, the appellant herein, in his capacity as the Editor of an online news channel named "Marunandan Malayali" published a video on YouTube, an online video sharing platform, levelling certain allegations against the complainant. The English translation of the video transcript is reproduced hereinbelow: -

(3.) The complainant who is a Member of the Kerala Legislative Assembly representing the Kunnathunad constituency, a seat reserved for the members of the Scheduled Castes, aggrieved by the publication of the aforesaid video, filed a written complaint before the ACP, Central Police Station, Ernakulam alleging inter alia that the video was published by the appellant in order to publicise, abuse and insult the complainant, who is a member of a Scheduled Caste. The contents of the complaint are reproduced as under: