Kerala High Court orders release of equipment seized from online news channel Marunadan Malayali

The Kerala High Court recently directed the release of the equipment seized from YouTube news channel Marunadan Malayali in connection with a crime registered against the channel's editor, Shajan Scaria [Sojan Scaria v State of Kerala & Anr.]..Scaria stands accused of offences punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.Justice PV Kunhikrishan opined that for investigating and trying such a case, the seizure of all the equipment of the channel was not warranted "This case is to be proved mainly based on oral evidence. I do not know why the entire equipments of this channel are seized by the Police in connection with this case...I am of the considered opinion that these materials should be released to the petitioner forthwith," the order stated. The Court directed the Sessions Court where most of the seized equipment is held, to release the articles after imposing appropriate conditions, including a condition to the effect that the contents of the equipment shall not be erased or tampered with. The police was directed to release the computer monitor and cameras belonging to the channel. However, it was clarified that in case the police need to examine the material again, they can call for one piece of equipment at a time instead of seizing all of it at once. .The case against Scaria was initiated after his portal Marunadan Malayali, published a news item containing allegedly false and defamatory allegations against Member of Legislative Assembly (MLA) Sreenijin.It was alleged that the news item was broadcast with the intent to insult Sreenijin who belongs to the SC community.Scaria had moved the Kerala High Court for anticipatory bail in the case but the court had dismissed his plea. However on July 10, the Supreme Court granted him anticipatory bail but cautioned Scaria to be more careful in his discourse..It is in connection with this case that the equipment of the channel was seized leading to the present petition seeking its release.It was argued that under the guise of investigation, the respondents (State) had seized the equipment and had even issued instructions to the bankers of the company and gotten its accounts frozen.The prosecution opposed the plea and said that the equipment must be analyzing by a forensic lab and that the process would take some time.However, the High Court opined that the equipment cannot be kept away from the channel in a case of this nature and accordingly, issued directions for its release. .The petitioner was represented by advocate CG Preetha.The State authorities were represented by Public Prosecutor Hritcwick CS..[Read Order]