[Facebook post targeting Sharad Pawar] Actor Ketaki Chitale moves Thane court for bail

Marathi actor Ketaki Chitale, who was booked for posting derogatory comments on her Facebook account allegedly aimed at Rajya Sabha member and Nationalist Congress Party (NCP) chief Sharad Pawar, has moved a Thane court for bail after being remanded to judicial custody for 14 days .The application filed through advocate Ghanshyam Upadhyay has sought bail on the following grounds: The Thane Crime Branch committed serious errors by arresting Chitale on the basis of her words by applying Sections 505(2) (Statements creating or promoting enmity, hatred or ill-will between classes) and 153A (promoting enmity between different groups and doing acts prejudicial to harmony) of the Indian Penal Code. The complainant had no locus standi to file FIR if he is aggrieved since the poem speaks about some 'Pawar' and not him.No one named 'Pawar' had come forward with a complaint.Police had no authority to arrest Chitale without complying with issuance of notice as under Section 41A of the Code of Criminal Procedure and reiterated by the Supreme Court in Arnesh Kumar guidelines. Chitale should not have been arrested under Section 500 (Defamation) of the IPC which is a non-cognizable offence. The police enthusiastically registered FIRs based on complaints about a poem and is likely to seek police custody in each FIR which gives rise to a serious apprehension that there is an invisible hand targeting the applicant (Chitale), the plea pointed out. "There is a concerted effort to strike fear in minds of people of Maharashtra in general and the applicant in particular so as to deter everyone against coming out with any expresino of views that would offend some 'Pawar'," the plea stated..The 29-year-old actor had posted a Marathi poem on her Facebook profile attributed to another person.The poem mentioned the surname (Pawar), age (80) and physical ailments which the NCP leader is also suffering from.She was arrested on grounds that she made disparaging remarks on Pawar’s illness, appearance, voice and also called him corrupt. Chitale was detained by the police on May 14 before she was declared arrested. She was produced before a holiday Magistrate court who remanded the actor to police custody till today.After she was remanded to judicial custody for 14 days today, Chitale moved the present bail plea. It will be heard by Chief Judicial Magistrate at Thane on May 20.