A sessions court in Ernakulam has granted anticipatory bail to social media influencer Amrit Singh also known as Amrit Singh Darren, who was booked by the Kerala police for allegedly making communally divisive remarks in an Instagram video concerning Kashi Art Cafe in Fort Kochi as well as the Muslim community.
Sessions Judge KK Balakrishnan passed the order on November 6, observing that Singh had no reported criminal antecedents and that appropriate bail conditions would be sufficient to address the police’s concerns about the investigation.
"He has no reported criminal antecedents. Sufficient conditions for bail only needed to address the objection raised by the prosecution against the petition. Therefore, pre-arrest bail is granted to the petitioner with following conditions," the judge said.
A case was registered against Singh by the Fort Kochi police on October 24 under Section 353(2) and 192 of the Bharatiya Nyaya Sanhita (BNS), which deals with spreading false information that promotes enmity between religious communities and giving provocation likely to cause a riot.
According to the prosecution, Singh uploaded a video on October 22 through his Instagram account, littichokha_up, showing beef being served at the Kashi Art Cafe in Fort Kochi.
In the video, he questioned the cafe's name which refers to a place considered sacred by Hindus and objected to an artwork depicting Muhammed Ali Jinnah alongside Mahatma Gandhi. He also remarked that the cafe was situated in an area predominantly occupied by the Muslim community.
The prosecution alleged that Singh's remarks where capable of creating hatred between religious communities, causing communal disharmony and public unrest.
He was later booked by the police based on a complaint by the cafe's manager.
Apprehending arrest, Singh approached the sessions court seeking anticipatory bail.
He claimed that he had visited Kerala only as a tourist and his video merely reflected his personal experiences and opinions about the places he visited and the interactions he had.
He argued that the video was only a travel account and did not target any religious community while adding that no incident of violence, public dishonour or communal tension had occurred because of the video.
The prosecution opposed his bail plea, arguing that custodial interrogation was necessary to investigate his activities, the purpose of his visit to Kerala and to examine whether similar videos had been recorded or stored elsewhere.
It was also stated that the video's online circulation had led to protest and activities by various organisations, creating communal disharmony. There was also a possibility that Singh might influence witness, tamper with evidence or evade investigation.
After hearing the parties and examining the material records, the Court granted Singh anticipatory bail holding that the prosecution's apprehensions could be addressed through proper bail conditions.
The Court, thus, directed Singh to appear before the investigating officer on November 17. It further stated that if he was arrested after interrogation, he must be released on a bail bond of ₹50,000 along with two sureties.
Singh was also directed to corporate with the investigation, appear before the investigating officer whenever required, refrain from tampering with evidence or influencing weaknesses and not commit any other offence.
Advocates Akhil Suresh, Kalliyani Krishna B, Anita Elizabeth Babu and Rahul T appeared for Singh.
Public prosecutor Manoj G Krishnan represented the State.
[Read Order]