Kerala High Court Grants Bail To Headload Worker Who Shared Indecent Facebook Posts Against Prophet Muhammad

The Kerala High Court on Monday granted bail to a headload worker booked under Section 153 A of Indian Penal Code and Section 120(o) of the Kerala Police Act for sharing indecent and scandalous Facebook posts on Muhammed Nabi.

Justice Viju Abraham, while allowing the bail application, directed the petitioner to execute a bond of Rs.50,000/- with two solvent sureties and to appear before the investigating officer every Saturday at 11AM until the final report is filed.

The prosecution case was that on 6th September 2022, the petitioner herein shared Facebook posts of indecent and scandalous comments on Muhammed Nabi, bringing disgrace to the Islam faith and causing communal hatred. It was further alleged that the said act of the accused caused injuries to the religious sentiments of the defacto complainant.

On behalf of the petitioner, it was contended by Advocates M.B. Suri and Balamurali K.P. that the petitioner was only a headload worker and that it was only due to his ignorance in using of mobile phone that the alleged incident had happened. It was further submitted that the petitioner had been in custody from 7th September onwards.

On the other hand, the Public Prosecutor, Nima Jacob opposed the bail application on the ground that the petitioner himself had commented in the Facebook group. It was further submitted that the allegations against the petitioner are serious in nature.

While allowing the bail application, the Court expressly stipulated that the petitioner ought not to attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness, and that if any of the conditions in the bail order were found to be violated, the investigating officer may file an application for cancellation of bail before the jurisdictional Court.

Case Title: Boban P.V. v. State of Kerala

Citation: 2022 LiveLaw(Ker) 495

Click Here To Read/Download The Order