Thiruvananthapuram court cancels bail of PC George after he delivers communal speech in violation of bail condition

A Magistrate Court in Kerala on Wednesday cancelled the bail granted to former Member of Legislative Assembly (MLA) PC George in the case registered against him for making communal remarks [State of Kerala v PC George]..The Judicial First Class Magistrate who had granted bail to George on May 1, cancelled the same today upon noting that the former law maker had given another communally coloured speech in violation of the bail conditions set by the Court. "The speech made by the accused can be considered as a violation of the fourth bail condition, as it is of such a nature to promote disharmony, hatred and ill-will between persons belonging to the Muslim community and the followers of the two other prominent religions of our state. The contention of the defense counsel that the subsequent FIR is registered in violation of the freedom of speech and expression of the accused is not sustainable here. The accused was released on bail in this case subject to the conditions that he shall not make or propagate any controversial statements which may hurt the religious sentiments of others. But within 10 days after his release, he has made this speech with the deliberate and malicious intention of outraging religious feelings of a class of citizens, which is a clear violation of the fourth bail condition. The accused has misused the concession granted to him by not following the terms agreed to while he is released on bail," the order stated. .On May 1, George was arrested for a speech he had delivered at the Ananthapuri Hindu Maha Sammelan on April 29. The State Police had allegedly received several complaints objecting to some incendiary statements against the Muslim Community.He was charged under Sections 153A (promoting enmity between different groups on grounds of religion, race, etc and doing acts prejudicial to maintaining harmony) and 295A (deliberate and malicious act intended to outrage religious feelings by insulting its religion or religious beliefs) of the Indian Penal Code.On the same day that he was arrested, the Judicial First Class Magistrate in Thiruvananthapuram granted him bail..On May 10, the Palarivattom Police in Kochi registered a suo motu case against George under Sections 153A and 295A of the IPC for delivering a speech on communal lines at a temple in Vennala on May 8..George then approached the Principle Sessions Court, Ernakulam, seeking anticipatory bail in that case. Additional District and Sessions Judge G Girish dismissed his anticipatory bail application.Subsequently, he approached the Kerala High Court which granted him interim bail on Monday, May 23.While doing so, the High Court had clarified that the grant of interim bail would not, in any manner affect the right of the prosecution to move to cancel the bail that was granted to George by the Magistrate in the first case..Upon going through a transcript of the speech and watching a video of the same today, the Thiruvananthapuram Magistrate Court noted,"It is seen that there are highly provocative remarks contained in it which are capable of promoting disharmony hatred and ill will between different religious groups on the ground of religion. There are also other indications in the above speech that all criminals who indulge in the offenses related to land mafia terrorism, Havala business, narcotic transactions and smuggling of gold belonged to the Muslim community. It is further stated that girls belonging to the Hindu and Christian communities are being corrupted by love jihad by Muslims. The accused is also seen to have stated that the exponential hike in Muslim population has to be countered by the women of the community of Hindus and Christians, by giving birth to at least four children. Another remark made by the accused in the above speech is that it is not possible for a Hindu to conduct a shop in an area surrounded by the Muslim community. Whereas a Muslim could very well conduct a shop in an area surrounded by the Hindu community. There are also various other comments in the above speech, depicting, the members of the Muslim community in a bad light."It, therefore, cancelled George's bail in the first case. .Additional Public Prosecutor VM Uma appeared for the State. George was represented by advocate Sasthamangalam Ajithkumar..[Read Order]