Video Reflects Secular Views, FIR Appears Motivated: Kerala High Court Grants Anticipatory Bail To Shajan Skaria In Priest Humiliation Case

The Kerala High Court on Thursday allowed the anticipatory bail plea moved by Shajan Skaria in the case alleging that he interacted with a priest through his YouTube channel 'Marunadan Malayali' with the intention to insult a religion.

The Single Bench of Justice K. Babu 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. Moreover, it observed that some parts of the alleged video reflect Skaria's secular views.

The bench further observed that the prosecution had miserably failed to prove that the Skaria's custodial interrogation was necessary in the matter.

It added that the prosecution prima facie failed to establish the essential ingredients for the offences under Sections 153-A (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.

"Mens rea is held to be a necessary ingredient for the offences under Sections 153-A, 295-A and 505 of IPC. On going through the texts relied on by the prosecution, I am of the view that the prosecution has prima facie failed to establish that the contents of the same in anyway point to the commission of the alleged offences. 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.

The matter pertains to a conversation between Skaria 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 Skaria committed offences punishable under Sections 153A, 295A, and 505 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.

The High Court had, on July 31, 2023, granted Skaria interim protection from arrest, during the pendency of his anticipatory bail plea. 

Today, the Court ordered that in the event of arrest, Skaria shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties. 

Previously, 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".

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

Citation: 2023 LiveLaw (Ker) 393

Case Number: Bail Appl. 5829 of 2023

Click Here To Read/Download The Order