Allow Cookies!
By using our website, you agree to the use of cookies
With the rise of social networks, content aggregation sites, and online commentary, the risk of defamatory content and false statements reaching a broad audience has increased in today's world. Posting something negative or mean-spirited is not illegal or subject to a lawsuit in itself.
In this case, Jabin Charles and Mahadev posted a derogatory post against Prime Minister Narendra Modi and the Muslim community.
In October, Nanjil Raja, a Bharatiya Janata Party (BJP) functionary lodged a complaint against Charles at the Vadaserry police station in Kanyakumari district after the latter allegedly posted a morphed picture of Prime Minister Narendra Modi during his recent meeting with the Chinese President Xi Jinping at Mamallapuram.
Charles got arrested under section 305 (ii) of the Indian Penal Code (IPC) and section 67B of the Information Technology Act.
S.305-Statements conducing to public mischief.
S67B-Punishment for publishing or transmitting of material depicting children in the sexually explicit act, etc., in electronic form.
On the basis of above offences, both offenders filed for Anticipatory bail and pleaded to the Magistrate that he would file an affidavit stating that they have realised their mistake and would not repeat the same and wants to express the apologies to the Trial Magistrate. Charles in his petition said that he regretted his action and was willing to publish an apology in the local newspaper. He opined that he did not intend to tarnish the reputation of the Prime Minister.
The learned judge, Justice GR Swaminathan, granted them bail u/s 438 CrPC (Direction for grant of bail to person apprehending arrest.) with some conditions attached to it.
Conditions-{as for Charles}
1-If he breaches the statement in the affidavit, he would be liable for the consequences and it will be open for prosecution to cancel the bail.
2-Charles needs to be present in Kanyakumari court and meet police whenever asked to for interrogation.
3-he needs to submit Rs10,000 with two securities
4-He needs to meet with the concerned magistrate within 15 days of receiving the order.
Charles and James were also asked to deactivate all of their social media accounts for one year.
86540
103860
630
114
59824