Kerala High Court grants anticipatory bail to Akhil Marar booked for "anti-national comments" about Indo-Pak war

The Kerala High Court on Wednesday granted anticipatory bail to film director and Bigg Boss Malayalam winner Akhil Marar, who was recently booked for his comments on the Indo-Pak conflict [Akhil Raj v State of Kerala]..Justice Bechu Kurian Thomas observed that unless a social media post contains a specific call for armed rebellion, it cannot be considered an offence under Section 152, Bharatiya Nyaya Sanhita (BNS), which punishes acts done to provoke such rebellion. "The petitioner, as a citizen of India, has the right to freedom of speech and expression. His freedom to express his views can be curtailed only by reasonable restrictions as provided under Article 19 (2). The expression of views in a social media post in the absence of any specific call for armed rebellion or secession cannot by itself, prima facie, be regarded as incitement for such an armed rebellion or subversive activity," the Court observed. Considering the fact that Marar was cooperating with the investigation, the Court deemed it fit to grant him anticipatory bail. Marar was directed to appear for interrogation and surrender his mobile phone to the investigating officer. "The petitioner (Marar) shall appear for interrogation before the investigating officer on 10.06.2025 at 10 AM and submit himself for interrogation. The petitioner shall also surrender his mobile phone to the investigator," the Court ordered. .A social media post without a specific call for armed rebellion or secession cannot, prima facie, be seen as incitement to rebellion.Kerala High Court.Marar was booked by Kottarakkara Police in connection with a Facebook Live he posted on May 11, 2025, in which he made certain comments regarding the Indo-Pak conflict.The first information report (FIR) against Marar alleged that he falsely stated in the video that India had armed Baloch militants and killed civilians in Pakistan. The FIR also alleged that Marar had said that the Indian Army was a slave to another country.He further allegedly drew comparisons between the wartime diplomacy of former Prime Minister Indira Gandhi and that of current Prime Minister Narendra Modi.Marar was thus booked under Section 152 of the BNS, which penalises acts endangering the sovereignty, unity, and integrity of India..Fearing arrest, Marar moved an anticipatory bail plea before the Court.In his plea, Marar argued that the controversial statements were taken out of context and that the video was a political analysis posted in response to a mocking comment made by journalist Anil K Nambiar of Janam TV.He said the video was streamed live and subsequently deleted by him once he realised that certain statements could be misused by political opponents.Pointing out that he later posted a clarification explaining the original video, Marar asserted that the FIR is based on misrepresented content circulated by Bharatiya Janata Party (BJP) and Rashtriya Swayamsevak Sangh (RSS) workers.He denied making any statements that undermined India's sovereignty and insisted that the remarks were based on publicly available sources..Akhil Marar was represented by advocates Bimala Baby, Jasmine Ligy, Magi Pavithran, and Roshan Shaji.