Kerala High Court Grants Anticipatory Bail To Malayalam Director Akhil Marar Booked For Posting Facebook Video On Pahalgam Terror Attack

"Since the petitioner is willing to cooperate with the investigation, I am of the view that this is a fit case to protect the petitioner with an order of anticipatory bail" ordered Justice Bechu Kurian Thomas.

The complaint was filed by Aneesh Kizhakkekara, a local BJP leader in Kottarakkara, Kollam. It is alleged that Marar in video posted on his Facebook account on 11^th May said that none of the terrorists involved in the terrorist attack could be captured. It is alleged that the video claimed that the India gave weapons to Baloochistan activists to create instigation in Pakistan and India killed common civilians while retaliating against Pakistan. Akhil Marar is booked under Section 152 of BNS (acts endangering the sovereignty, unity and integrity of India) by the Kottarakara, Kollam police station.

Marar in his petition mentioned that the broad scope of Section 152 is misused by the complainant and police. As per the petitioner, he had tried to delete the video as soon as it was posted but it remained in his page for a day due to some technical error. The Court did not enter into a view on whether allegations under Section 152 was warranted.

"Though the above contentions are impressive, I am of the view that since the matter is under investigation, it is not proper for this Court to enter into a finding on the same."

The petitioner stated that he was just making his observations on the current scenario and S. 152 is used against him to threaten and prevent him from expressing his dissent. The petitioner also pointed towards his Facebook posts praising operation Sindoor and Indian Army.

The petition is moved by Advocates Bimala Baby, Jasmine Ligy, Magi Pavithran, Roshan Shaji

Case Title: Akhil Raj v State of Kerala and Others

Citation: 2025 LiveLaw (Ker) 304

Case No: BA 6655/ 2025