The General Secretary of Antharashtra Hindu Parishad, Pradeep RS, who had been accused of publishing a Facebook post after the demolition of a film set constructed at Kalady riverside, depicting a church, at the precincts of the Mahadeva Temple, has been granted anticipatory bail by the Kerala High Court.
Justice Ashok Menon has observed that the merely inciting of feelings of one community or group without any reference to any other community or group does not come under section 153A of I.P.C.
In his (anticipatory) bail application he had contended that the post does not in any way promote enmity between different groups on the grounds of religion as no other religion has been referred to in the post.
The public prosecutor opposed the bail application, contending that the intention of the accused was to poison the minds of Hindus of the locality against the Christian community.
Justice Menon observed the maintainability of offences under Sections 153A and 454 I.P.C. and said: “The real intention to incite one group or community against another is absolutely essential. It is necessary that at least two groups or communities should be involved. Merely inciting the feelings of one community or group without any reference to any other community or group cannot attract the provisions of S.153A IPC.”
– India Legal Bureau