Kerala High Court Quashes Case Against Film Distributor Swargachitra Appachan For Allegedly Tampering With 2004 Movie 'Vellinakshatram'

The Kerala High Court has quashed the criminal proceedings initiated against film distributor Appachan, prominently known as Swargachitra Appachan booked for allegedly tampering with Malayalam film 'Vellinakshtram'.

The prosecution alleged that a distressing scene in which actor Siddique strangles a small child, was inserted in the film "after" it was certified by the Censor Board. Thus, a crime was registered in 2004 for the offence under Section 7(1)(b) of the Cinematograph Act for tampering with a certified film. The prosecution alleged that the scene caused panic and distress to the viewers.

The matter was lodged before the Judicial First-Class Magistrate Court at Thiruvananthapuram in 2011. Appachan was booked as the second accused in the criminal case along with the producer who is the first accused. The manager and the film operator of the Kairali Sree Theatre in Thiruvananthapuram, where the film was exhibited, were arrayed as the 3rd and 4th accused respectively.

After perusing the Final Report, Dr. Justice Kauser Edappagath observed that since there was absolutely no material to show that the scene in question was inserted after the film was certified by the Censor Board, the offence would not stand.

It further said that unless it is established by the prosecution about the certified portion of the film, the offence under Section 7(1)(b) of the Act cannot be attracted.

The Court observed:

"Section 7(1)(b) of the Act says that if any person without lawful authority alters or tampers with in any way any film after it has been certified, he shall be punishable with imprisonment for a term which may extend to three years. Therefore, to attract the said provision, it must be prima facie established that the accused, without authority, altered or tampered with in any way any film after it has been certified. Admittedly, the film has been certified by the Censor Board under Section 5A of the Act. If the film is duly certified, unless it is established that the accused added any scene to the certified film after the certification, no prosecution under Section 7(1)(b) can be initiated against him...Simply because a movie contains a scene creating panic or distress to its viewers, it will not constitute an offence under Section 7(1)(b) of the Act unless it is established that the said scene was not part of the original film certified by the Censor Board and it was an interpolation." 

Thus, it allowed the petition preferred to quash the criminal proceedings.

Case Title: Appachan v. SI of Police and Anr.

Case No: Crl.MC No. 3547 of 2015

Citation: 2025 LiveLaw (Ker) 504

Counsel for the petitioner: P.V. Anoop

Counsel for the respondents: Sangeetha Raj N.R., PP

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