For calling ‘all Muslims terrorists’, Kerala BJP leader PC George’s anticipatory bail rejected: ‘Such a message should not go to society’

Subsequently, Muhammed Shihab, a native of Erattupetta in Kottayam, filed a police complaint under sections 196(1)(a) and 299 of the Bharatiya Nyaya Sanhita, 2023, and also under Section 120(o) of Kerala Police Act against George.

The court said since the petitioner (George) had violated bail conditions of the previous case, “if granted bail in this case, people may think that, even if the bail conditions are violated, they will get anticipatory bail from the court of law. Such a message should not go to society”.

The court wondered if anticipatory bail should be granted in all cases, even if custodial interrogation of an accused is not necessary for the probe.

“If the maximum punishment that can be imposed for the offence alleged in a case is below seven years, whether a court of law can grant bail to an accused in a case without considering the allegation against the accused and the antecedents of the accused?” he said. “The antecedents of the accused and the seriousness of the allegations are also important aspects to be considered by the court. But, even if custodial interrogation is not required or necessitated, that itself cannot be a ground to grant anticipatory bail.”

George had been a prominent leader of the regional Christian party Kerala Congress (M). He later quit and joined the BJP.