Hate Speech Case: Kerala HC Expresses Disinclination To Grant Anticipatory Bail To Former MLA PC George, Notes Repeated Flouting Of Orders

Justice P V Kunhikrishnan remarked that PC George has been repeatedly flouting the orders of the Magistrate Court as well as that of the High Court. The High Court had previously granted him bail on the condition that he would refrain from making provocative statements.

“When the High Court is making orders, you are violating it and coming again….What is the guarantee that you will not repeat it tomorrow. The only thing I can say that is you should surrender…..You put it to your client whether he is ready to surrender, I will post it to day after tomorrow or I will pass an order now itself…I can pass order in two ways, one without going into merits that he can surrender and same day it will be considered by the Magistrate or I can pass a detailed order rejecting the bail.”

Crime was registered alleging commission of offences punishable under section 196(1)(a) (promoting enmity between different groups on grounds of religion etc), and 299 (deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs) of the BNS, Section 120 (o) (penalty for causing nuisance and violation of public order) Kerala Police Act.

The State strenuously opposed the bail application of PC George, stating that four cases have been registered against him for making provocative allegations. The State pointed out that he had made similar provocative statements against the Muslim community earlier also, showing his intention to make such statements.

Senior Counsel, appearing for PC George submitted that he had no a deliberate or malicious intention when he made the objectionable comments during the channel debate. It was submitted that it was only an inadvertent mistake and that he had no intent to violate orders of the Court.

Further, the Counsel submitted that PC George did not intentionally make statements or speeches promoting hatred or ill will against the Muslim community. Rather, it was stated that the remarks were made in the heat of the moment during a channel debate, for which he has apologised also. The Senior Counsel further pointed out that there must be evidence that remarks led to incitement or provocation, but in the alleged incident, people were only seen laughing at his comments.

The Court orally said that there is clear violation of the order of the High Court. It said that PC George was openly flouting orders of the Court and that it cannot be ignored. 

Court said orally, "I can understand if he is an ordinary man, he is not an ordinary man, he is a man having a career best in politics, having experience..Section wise I have no problem , I will grant you bail. My concern is only this  when the High Court said something, you are repeatedly violating it, what is the remedy. Suppose I accept your condition and pass an order, tomorrow anybody can come here and say that no in the other case, this Court said that High Court directions can be ignored."

The matter has been posted to day after tomorrow. 

Case Title: P C George v State of Kerala

Case No: Bail Appl. 1874/2025