[BREAKING] PC George granted bail by Kerala High Court in hate speech case

The Kerala High Court on Friday granted bail to former Member of Legislative Assembly (MLA) PC Geroge in the two separate hate speech cases registered against him for making communal remarks against Muslim community [PC George v State of Kerala].Justice Gopinath P pronounced the order allowing both George's applications, one for regular bail in the first hate speech case and the other for anticipatory bail in the second hate speech case. "The petitioner is to be released on bail subject to the condition that he shall not make any speech or statement which would tend to result in commission of offences under Sections 153A or 295A of the Indian Penal Code. If the petitioner violates any of the conditions, it is open to the prosecution to move this court to cancel his bail," the Court directed. .The Court opined that since both the offences registered against George are punishable with a maximum imprisonment upto three years or fine (unless the case where to come within Sub Section (2) of section 153A), the continued detention of the petitioner may not be necessary. Moreover, it noted that the petitioner is a 72-year-old man stated to be suffering from various illnesses and that he was a member of the Kerala Legislative Assembly for nearly 33 years. This compelled it to take the view that George is not likely to flee from justice..PC George is currently accused in two cases for delivering public speeches allegedly targeting the Muslim community. .The First CaseOn May 1, George was arrested for a speech he had delivered at the Ananthapuri Hindu Maha Sammelan on April 29. The State Police had allegedly received several complaints objecting to some incendiary statements against the Muslim Community.He was charged under Sections 153A (promoting enmity between different groups on grounds of religion, race, etc and doing acts prejudicial to maintaining harmony) and 295A (deliberate and malicious act intended to outrage religious feelings by insulting its religion or religious beliefs) of the Indian Penal Code.On the same day that he was arrested, the Judicial First Class Magistrate in Thiruvananthapuram granted him bail. George was represented by Advocate Sasthamangalam C Ajithkumar.The Second CaseOn May 10, the Palarivattom Police in Kochi registered a suo motu case against George, once again under Sections 153A and 295A of the IPC, for delivering a speech on communal lines at a temple in Vennala on May 8.George then approached the Principle Sessions Court, Ernakulam, seeking anticipatory bail in that case.Additional District and Sessions Judge G Girish dismissed his anticipatory bail application.Subsequently, he approached the Kerala High Court which granted him interim bail on Monday, May 23.While doing so, the High Court had clarified that the grant of interim bail would not, in any manner affect the right of the prosecution to move to cancel the bail that was granted to George by the Magistrate in the first case.George was represented in this case by Senior Advocate P Vijayabhanu, instructed by advocate Geo Paul. .On Wednesday this week, the Judicial First Class Magistrate in Thiruvananthapuram cancelled the bail which had been granted to George in the first case noting that he clearly violated the bail conditions by delivering the second speech just a week later. He was subsequently remanded to judicial custody for 14 days. This prompted him to move an application seeking regular bail before the High Court on Thursday. Today, he also moved a plea challenging the order of the Magistrate cancelling his bail. In both the regular bail application and plea against the Magistrate's order, George contended that the second speech contained mere observations and not any statements that would incite religious tensions. According to him, the Magistrate erred in rejecting his claim that the speech is protected by his right to free speech and expression under Article 19 of the Constitution of India. .At the hearing today, the prosecution, led by Director General of Prosecution Senior Advocate TA Shaji submitted that if at all Goerge is granted bail, there should be sufficient safe-guards to ensure that the investigation is not tampered with in any manner and also that the he will not indulge in similar offences in future..The Court, therefore, also set the condition that George shall fully co-operate with the investigation including with any scientific procedure that may be required by the prosecution. .[Read Order]