Kerala HC grants bail to youth accused of creating enmity for posters against custodial torture of 2 Muslim youth

Several cases were registered against the petitioner in respect of the posters, in view of their wide circulation. Despite his being granted bail in some of the cases filed against him, he was not allowed bail for the other cases.

The petitioner argued that the maintainability of the allegation is doubtful, and that he was, therefore, entitled to bail. The offence described under Section 505(2), IPC was the only charge against him that was bailable.

The posters concerned an event that was already widely known and spoken about on social media. As such, it was averred that it did not constitute the spreading or publication of a rumour, which was an ingredient to attract Section 505(2).
This contention was rejected by the Prosecution, which based the charges against Ali on the fact that the supposed torture was by a Sub Inspector who was a Hindu.

While the Judge refrained from deciding whether the offence was made out in the case, Justice Menon found that there was a specific indication for the Court to exercise discretion and grant bail.

Pointing out that the accused was already incarcerated for quite a while, the Court opined that further incarceration was not needed.

Therefore, Ali was enlarged on bail.

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