P.C. GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) If custodial interrogation of an accused is not necessary in connection with the investigation of a case, can a court of law grant anticipatory bail in all cases? If the maximum punishment that can be imposed for the offence alleged in a case is below seven years, whether a court of law can grant bail to an accused in a case without considering the allegation against the accused and the antecedents of the accused? These are the questions to be decided in this case.

(2.) The petitioner is an accused in Crime No.49/2025 of Erattupettah Police Station, Kottayam District. The above case is registered against the petitioner alleging offences punishable under Ss. 196(1)(a) and 299 of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and also under Sec. 120(o) of the Kerala Police Act, 2011 (for short 'KP Act').

(3.) The case is registered in connection with a Channel discussion on Janam TV in which the petitioner also participated. Petitioner is a former Member of the Legislative Assembly (MLA) of Poonjar Constituency. On 5/1/2025, from the residence of the petitioner, he made a statement in the channel discussion. It is extracted in the statement filed by the investigating officer, which is like this: 'All Muslims in India are terrorists and communalists, not a single non-terrorist Muslim lives in India, Muslims are looters who plunder the country's wealth. Lakhs of Hindus and Christians have been slaughtered by Muslims to create a Muslim state. All Indian Muslims should go to Pakistan. All Muslims are communal demons and scoundrels.' Based on the above statement in a live telecast discussion on Janam TV, the 2nd respondent herein filed a complaint, and based on the same, the above crime is registered. The petitioner apprehends arrest in the above case. Hence this bail application is filed.