Custody may not be needed since statements are available on YouTube: Kerala HC while granting pre-arrest bail to man accused of hate speech

The Kerala High Court on Tuesday granted anticipatory bail to a man charged with inciting hatred between communities after noting that his custodial interrogation may not be necessary since his statements were available on YouTube..One, Anil Kumar, has been accused of making incendiary statements on his YouTube channel, potentially pitting adherents of Christianity and Islam against each other. .The order records Kumar has having been accused of criticising preachers of Islam so as to spread disharmony or feelings of enmity, hatred or ill-will between the two communities. A case citing Section 153A of the Indian Penal Code (IPC) was filed against him in relation to the same. .Seeking anticipatory bail in the matter, Kumar argued before the High Court that he has been engaging in theological discourse, which was well within the Constitutional framework. .He submitted that his statements were on YouTube and in the public domain. He also denied having any ill will towards other religious leaders. .His counsels Advocates D Jayakrishnan and Raghul Sudheesh argued that his custodial interrogation was, therefore, unnecessary..Noting that his statements and debates were "well preserved in the form of YouTube uploads", the Justice Ashok Menon allowed the plea. ."All his debates and statements are well preserved in the form of YouTube uploads, and there is nothing, apart from that to be ascertained by the investigating officers. Hence, the applicant is entitled to a pre-arrest bail, particularly, considering the present pandemic situation."Kerala High Court.While allowing the plea, the Judge observed, ."True, he has made several debates in comparison of the Religion with Islam and has also contradicted the propagators of Islamic Religion. I am not going into the details of the complicity of the applicant for offence punishable under Section 153A IPC..The Court ordered Kumar to surrender before the investigating officers in three weeks. In the event of his arrest, he is to be released on bail, subject to his execution of a bond of Rs 50,000 with two solvent sureties..Kumar has also been directed to refrain from committing any similar offences or tampering with the evidence. .Senior Public Prosecutor CN Prabhakaran represented the State..Read the Order here: