ZARA MICHELE SHILANSKY Vs. STATE OF KERALA

JUDGEMENT

(1.) Amidst the large number of tourists that flock to Kerala - "God's own country", petitioner was unfortunate to have faced the traumatic incident of being arrested alleging the commission of an offence under Sec. 153 of the Indian Penal Code, 1860. Further, after obtaining bail in the said crime, while she was about to leave the country, she was detained at the Kochi International Airport pursuant to a lookout notice issued at the behest of the police that too, for a bailable offence. In the meantime, the final report was filed and cognizance has been taken by the Judicial First Class Magistrate's Court, Mattanchery as C.C. No.462/2024. Petitioner challenges the said criminal proceedings through this petition under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(2.) The incident that led to the registration of Crime No.390/2024 of Fort Kochi Police Station against the petitioner revolves around two banners kept at Fort Kochi - a tourist destination in Kerala. The two posters kept by some unknown organization contained the slogan "SILENCE IS VIOLENCE, STAND UP FOR HUMANITY". Perturbed by the two posters, petitioner, a lady of Jewish descent but an Australian citizen and her friend, after being unsuccessful in their attempt to get it removed through the tourism office, felt it necessary to remove them. The banners apparently generated in her mind, impressions about the ongoing war between Palestine and Israel. Petitioner thereafter, allegedly tore the two banners. The 3rdrespondent who is purported to be the Area Secretary of the Students Islamic Organization (SIO), a student wing of the Jamaat-e-Islami, filed a complaint alleging that the posters put up in front of the boat jetty at Fort Kochi were destroyed by two tourists inappropriately, and requested the Police to register a crime.

(3.) Pursuant to the above complaint, FIR No.390/2024 of Fort Kochi Police Station was registered, and a final report was filed, alleging an offence punishable under Sec. 153 IPC. Subsequently, the Judicial First Class Magistrate, Mattancheri, took cognizance of the offence as C.C.No.462/2024. The petitioner, who is the sole accused in the above crime, seeks to quash the said proceedings.