AMEER ALI Vs. STATE OF KERALA

JUDGEMENT

(1.) The applicant is the accused in Crime No.592 of 2020 of Nenmara Police Station, Palakkad, for having allegedly committed offences punishable under Sections 153 , 505(2) of the IPC and Section 117(e) of the Kerala Police Act. The prosecution case, in brief, is this:

(2.) The accused had allegedly prepared posters and pasted them at several places, creating or promoting hatred or ill will between two religious groups, by stating that Muslim youth were subjected to torture in custody by the North SI, Sudheer Kumar. The intention in coming out with such poster was to create ill will and promote enmity between two religious groups and thus, the applicant committed the alleged offence. Several cases were registered at different Police Stations, since the poster gained wide circulation and were allegedly pasted at different places and the applicant was arrested initially, in another crime on 07.09.2020. The arrest in this particular crime was recorded on 14.09.2020. The applicant was granted bail in some of the crimes. But, since several crimes were registered, he has not come out of the prison, despite being granted bail in some of the cases. The applicant states that the maintainability of the allegation is doubtful and therefore, he may be released on bail.

(3.) Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The argument of the learned counsel appearing for the applicant is that Section 505(2) of the IPC is not attracted. That is the only non-bailable offence incorporated in this crime. The poster allegedly published, is produced at Annexure-2 does not create or promote enmity, hatred or ill will between classes as the primary requirement of attracting an offence under Section 505 (2) IPC .