Will Recall Anticipatory Bail If He Fails To Appear Before Investigating Officer: Kerala High Court Warns Shajan Skaria

The Kerala High Court on Friday warned of recalling the anticipatory bail granted to Marunadan Malayali Editor Shajan Skaria, in case of any failure on his part to appear before the Investigating Officer tomorrow. 

Earlier this month, the Single Judge Bench of Justice K. Babu had allowed Skaria's plea for anticipatory bail, in the case alleging that he interacted with a priest through his YouTube channel 'Marunadan Malayali' with the intention to insult a religion. 

The Bench had found "force" in Skaria's contention that he was implicated in criminal cases at the instigation of some influential persons against whom he reported corruption. It further observed that some parts of the alleged video reflect Skaria's secular views. 

The Court had thereby allowed his plea with the condition that Skaria shall appear before the Investigating Officer on August 17, 2023, between 2.00 P.M. and 3.00 P.M. for interrogation, and shall be released on bail thereafter his executing a bond for Rs. 50,000/-, with two solvent sureties each for the like sum.

Skaria subsequently submitted an application before the Court stating that since his 85-year-old mother was undergoing treatment in a hospital, he was not in a position to appear before the investigating office. The petitioner thereafter requested two weeks' time to appear before the Investigating Officer.

When the matter was taken up yesterday, the Court was told by the Director General of Prosecution (DGP) that the investigation in the case had been stalled due to the non-cooperation of the petitioner. 

Justice Babu thus observed that Skaria had not placed any convincing reasons before the Court while seeking two weeks to appear before the investigating officer, considering that the petitioner has other siblings, as well. The Court noted that Skaria's approach in the matter was 'casual', and that he had no respect for the law. 

It therefore directed Skaria to appear before the Investigating Officer at 10.00 AM tomorrow, failure of which would result in recall of the protection granted to him. 

The petitioner is represented by Advocates B. Jayasurya and Mini V.A. 

Case Title: Shajan Scariya v. State of Kerala & Ors. 

Case Number: CRL.M.APPL.NO.3/2023 IN BAIL APPL. NO. 5829 OF 2023