(1.) The applicant, a septuagenarian, who retired as an Additional Tahsildar in the Government service, finds himself arrayed as the 1st accused in Crime No.480 of 2019 of the Munnar Police Station registered under Sections 120B, 153 and 153A of the IPC.
(2.) The applicant has approached this Court with this application filed under section 438 of the Code of Criminal Procedure seeking anticipatory bail.
(3.) The records made available before this Court portray that it was on a complaint lodged by Sri.Binu Papachan before the Sub Inspector of Police, Munnar Police Station, that the above crime was registered. It is the case of the de facto complainant that while working as the Additional Tahsildar at Munnar, the applicant entered into a conspiracy with the 2nd accused and assisted him in getting 'Pattayam' of properties in the name of undeserving persons. This was taken up by the Sub Collector and four of such Pattayams were cancelled. Aggrieved by the above, the applicant convened a press conference at the Press Club, Ernakulam. During the press conference, the applicant is alleged to have stated that the cancelled Pattayams were those granted to people who have their origin in the State of Tamil Nadu. He went on to state that a perusal of the voters list at Munnar would reveal that majority of the people residing there are hailing from the State of Tamil Nadu. It is alleged that by making such pronouncements, the intention of the applicant was to promote enmity between different persons on the ground of race and place of birth and such act was prejudicial to the maintenance of harmony. It is also alleged that by making such a statement, the intention of the applicant was to cause riot.