Kerala High Court grants anticipatory bail to Marunadan Malayali Editor Shajan Scaria in hate speech case

The Kerala High Court on Thursday granted anticipatory bail to Shajan Scaria, editor of the online portal Marunadan Malayali booked for hate speech and hurting religious sentiments after an interaction with a Christian priest through his YouTube channel [Shajan Scaria v State of Kerala & Ors.]..Justice K Babu granted the anticipatory bail to Scaria on finding that the prosecution had miserably failed to produce any materials to show that a custodial interrogation of Scaria was required.The judge also opined that he was unconvinced that the YouTube interview reflected any malicious intent on Scaria's part. "It is pertinent to note that in some parts of the video, there are reflections of the secular views of the petitioner. I am unable to find any malicious intention on the part of the petitioner in promoting feelings of enmity among different classes of people," the Court observed.Justice Babu further noted that there was some force in Scaria's contention that he was implicated in criminal cases at the instigation of certain influential persons.“The challenge of the petitioner is that he has been implicated in criminal cases at the instigation of some influential persons against whom the petitioner reported, through the media, certain incriminating materials alleging corruption. I find force in the contentions of the petitioner,” said the High Court..Scaria (petitioner) was charged with offences punishable under Sections 153A (promoting enmity between different groups), 295A (deliberate and malicious acts, intended to outrage religious feelings), and 505 (statements conducive to public mischief) of the Indian Penal Code (IPC).Scaria's counsel contended that none of these alleged offences were made out against him from the alleged statements. Several top leaders of the ruling party were interfering in the matter to silence Scaria from exposing the truth before the public, he added.The counsel further submitted that Scaria was a senior journalist who actively participated in preventing corruption and exposing public corruption. This had provoked certain persons against whom Scaria had earlier reported with incriminating proof, the Court was told. Scaria added that such persons were intentionally trying to suppress the media through which he raises his voice against corruption..To decide on the matter, the High Court examined the text of the conversation between Scaria and the priest, on the basis of which the criminal case was lodged. The Court noted that the interaction involved Scaria referring to an incident in North India where an attempt was stated to have been made to destroy a Christian Church. This apart, Scaria referred to religious texts, criticised forced conversions, and the misuse of religious texts, the Court found. The judge noted that none of these aspects indicated that Scaria had any malicious intention. .The Court proceeded to allow Scaria's plea for anticipatory bail after noting that there was no material submitted to show that the prosecution needed to interrogate him in custody. .Anticipatory bail was granted to Scaria on the condition that he appear before the Investigation officer on August 17 between 2 PM and 3 PM for interrogation and whenever else required.The High Court also directed him to execute a bond of ₹ 50,000 to be released on bail, if he is arrested, and to not influence the witnesses or tamper with the evidence in the case. .On a related note, the Supreme Court recently granted anticipatory bail to Scaria in another case registered against him for allegedly broadcasting a derogatory news item against Member of Legislative Assembly (MLA), PV Sreenijin..[Read Judgment]