Priest Humiliation Case: Kerala High Court Grants Interim Protection From Arrest To Shajan Skaria During Pendency Of Anticipatory Bail Plea

The Kerala High Court on Monday directed the Police not to arrest Editor of Marunadan Malayali YouTube channel, Shajan Skaria, during the pendency of his anticipatory bail plea in the case alleging that he interacted with a priest through his YouTube channel with the intention to insult a religion.

"Petitioner shall not be arrested during the pendency of this bail application," the Single Judge Bench of Justice K. Babu observed.

The matter pertains to a conversation between Skariah and a priest that was telecast through his YouTube Channel on January 4, 2023. A crime was registered by the Police on the complaint made by a person alleging that Skariah committed offences punishable under Sections 153A (Promoting enmity between different groups on grounds of religion, race, place of birth, residence), 295A (Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs), and 505 (Statements conducing to public mischief) of IPC.

Skaria had approached the High Court seeking anticipatory bail in the matter, averring that the crime was registered by the police without ascertaining as to whether the allegations would constitute the offence. He claimed that he never intended to insult any religion, and added that the present case was registered at the instance of a prominent CPI(M) leader, at a time when he was involved and 'hunted by the police' in connection with another crime.

He also averred that there is a non-obstante clause in Section 196 CrPC which prevents the Court from taking cognizance (Prosecution for offences against the State and for criminal conspiracy to commit such offence) of the alleged offences.

During the hearing today, the Director General of Prosecution T.A. Shaji submitted that the petitioner ought not to be granted bail, considering that the petitioner had a habit of making accusations and offending videos with the intention of causing communal disharmony and hatred amongst members of the public. The counsel averred that the petitioner had made a number of such videos, and no other journalist had an occasion to face such situations.

The Counsel appearing for the Nilambur Municipality Standing Committee Chairman added that if Skaria was granted anticipatory bail during the pendency of the bail application, such instances would only increase.

"He is accused of cases in Delhi, U.P., and several other States. He is a menace to society," the counsel added during the hearing today. The counsel thus stressed that if Skaria was granted anticipatory bail, he would use the same as a weapon to repeat the offences.  

The High Court had, on June 30, 2023, dismissed the appeal filed by Skariah against the rejection of anticipatory bail by Special Court in a case against him for allegedly broadcasting derogatory news item against MLA Sreenijin. On appeal, the Supreme Court however, granted him interim protection from arrest. The CJI observed therein that, "Such comments may be defamatory, but not offences under SC/ST Act. We totally with you agree that these statements are in bad taste, we disapprove of his statement. But, in criminal law you have to see the matter strictly because someone's liberty is at stake".

The present anticipatory bail plea has been moved through Advocates S. Rajeev, V. Vinay, M.S. Aneer, Sarath K.P., Prerith Philip Joseph, and Anil Kumar C.R.

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

Case Number: Bail Appl. 5829 of 2023