The Kerala High Court has refused to quash a criminal case filed against a bank employee for allegedly sending a threatening message in 2021, which stated that he was going to kill Chief Minister Pinarayi Vijayan. [Abjijith M v State of Kerala]..Justice PV Kunhikrishnan observed that sending threats to a person holding a constitutional post like the Chief Minister was a serious offence that must be taken seriously, and cannot be treated as mere jokes or emotional outbursts."The petitioner should know the consequences of sending such a message, which is a threat to the life of a constitutional authority. Even if it is sent as a joke or because of the sad mood developed in a spur-of-the-moment, after the election results were published, the petitioner is expected to be aware of the consequences of the same, especially when he is not an illiterate person," the Court said. .The judge also noted that it has become a trend nowadays to make derogatory statements against constitutional authorities on social media to get publicity. "Nowadays, it is a trend to send threatening messages and use derogatory statements against constitutional authorities, including the Prime Minister, Chief Ministers, Judges, etc., in social media and other forums to get publicity. The police force will be forced to spend their valuable time to find out whether it is for publicity or with a specific motive. After making such statements, the accused will approach the court of law with a petition stating that no offence is made out or raising technical grounds to escape from the prosecution," the Court observed. .The Court added that a prima facie case had been made out against the accused bank employee in this case. The investigation against him cannot be stopped merely because he now claims that he did not intend to threaten anyone, the Court held. .The case dates back to 2021, when messages were sent from a mobile number to the Chief Minister Pinarayi Vijayan's Additional Private Secretary, shortly after the LDF party was declared to have won the Kerala Assembly election results.The message allegedly stated, "I will kill Pinarayi Vijayan."A criminal case was registered under Sections 153 (provocation to rioting) and 506(i) (criminal intimidation) of the Indian Penal Code, and Section 120(o) (causing nuisance by sending messages) of the Kerala Police Act.Abjijith M, a native of Kollam, was later arraigned as an accused in the case. His plea to stop the criminal proceedings was dismissed in 2023 by a judicial magistrate court, prompting him to approach the High Court for relief by way of a revision plea. .The High Court, however, declined to grant him relief. It noted that the tone and content of the message allegedly sent by the accused petitioner were abusive, intimidating and could not be dismissed lightly.The Court further pointed out that since the petitioner was an educated bank employee, he should have known the consequences of sending such a message."The bonafides of such messages are to be investigated. Then the police have to arrest the person, if necessary. Unnecessarily, the valuable time of the police force will be spoiled by such acts," the Court added, before dismissing the petition and allowing the criminal trial to continue..Senior counsel KK Dheerendrakrishnan, along with advocates M Promodh Kumar and NP Asha, appeared for the petitioner.Senior public prosecutor Seetha S represented the State..[Read Order]
