A Kerala court on Friday (November 6) granted anticipatory bail to Uttar Pradesh-based actor/filmmaker/vlogger Amrith Singh, who was booked for making communal remarks about Kashi Art Cafe on Instagram.

It is alleged that Singh uploaded a video on his instagram account, 'littichoka_up' with around 3 lakh followers, displaying that beef was sold in art cafe in Fort Kochi named after a sacred place to Hindus. It is also alleged that the video content displayed the cafe was situated in an area predominantly inhabited by Muslims and a silver statue of Jinnah installed alongside that of Mahatma Gandhi inside the cafe.

It is alleged that the video was uploaded with an intention to create hatred between two religious communities and that he provoked both favourable and adverse comments creating a situation likely to disturb communal harmony and public peace.

Singh is the sole accused in the crime registered by the Fort Kochi Police Station based on the complaint made by the manager of Kashi Art Cafe. He is accused of committing offences under Sections 353(2) [Statements conducing to public mischief] and 192 [Wantonly giving provocation with intent to cause riot- if rioting be committed; if not committed] of the Bharatiya Nyaya Sanhita.

He approached the Sessions Court seeking anticipatory bail apprehending arrest. He contended that the video was merely a travel narrative and does not name or target any religious, racial, linguistic or regional group. There is no intention to outrage any community and moreover, there is no single incident of violence, public disorder or communal unrest at any place as a result of his video, he pointed out.

The prosecution opposed the bail plea and argued that Singh's custodial interrogation was necessary for a detailed investigation and seizure of video equipment, which may have been used to take other similar videos. Moreover, his actual intention in visiting the area is also to be ascertained, it was contended.

Sri. K.K. Balakrishnan, Sessions Judge (Ernakulam) noted that Singh did not have any antecedents and that sufficient bail conditions can be imposed to address the prosecution's objections.

Singh has been directed to appear before the Fort Kochi Police Station on or before November 17 for interrogation. In case of his arrest afterwards, he is to be released on bail on executing bond for Rs. 50,000 with two solvent sureties.

He is also to appear before the investigating officer as and when directed in writing and to cooperate with the investigation. The bail is also on the condition that he shall not tamper with evidence or try to influence or intimidate witnesses or involve himself in any other offence.

The court thus allowed the bail plea.

Counsel for the petitioner: Akhil Suresh, Kalliyani Krishna B., Anita Elizabeth Babu, Rahul T.

Counsel for the respondent: Manoj G. Krishnan