Introduction:

In the case titled Akhil Raj v. State of Kerala and Others (BA 6655/2025), the Kerala High Court, on May 28, 2025, granted anticipatory bail to Malayalam film director Akhil Marar. The case arose from a complaint filed by Aneesh Kizhakkekara, a local BJP leader in Kottarakkara, Kollam, alleging that Marar’s Facebook video, posted on May 11, contained remarks that endangered the sovereignty and unity of India. The video reportedly discussed the Pahalgam terror attack and India’s retaliation, suggesting that terrorists involved were not captured and that India provided weapons to Balochistan activists, leading to civilian casualties during retaliatory actions. Marar was booked under Section 152 of the Bharatiya Nyaya Sanhita (BNS), which pertains to acts endangering the sovereignty, unity, and integrity of India.

Arguments:

Marar, represented by Advocates Bimala Baby, Jasmine Ligy, Magi Pavithran, and Roshan Shaji, contended in his petition that the broad scope of Section 152 was being misused to suppress dissent. He claimed that the video was based on publicly available information and was deleted promptly upon realizing it could be misinterpreted. He also alleged that portions of the video were selectively circulated by political adversaries to defame him, asserting that he was being targeted for his criticism of religious extremism and corruption across political parties.

Judgement:

Justice Bechu Kurian Thomas, presiding over the matter, observed that since Marar expressed willingness to cooperate with the investigation, it was appropriate to grant anticipatory bail. The court refrained from making any findings on the applicability of Section 152 at this stage, emphasizing that such determinations should be made during the course of the investigation.

This case underscores the delicate balance between safeguarding national integrity and upholding the right to free expression. It highlights the judiciary’s role in ensuring that laws are not misapplied to stifle dissenting voices, especially in the realm of social media, where the line between personal opinion and public discourse can often blur.