Kerala High Court Grants Anticipatory Bail To Akhil Marar Over Indo-Pak War Comments
Kerala High Court granted anticipatory bail to Akhil Marar, who was booked for his controversial social media remarks on the Indo-Pak conflict. The court emphasized freedom of speech unless there is a direct call for armed rebellion.
Kochi: Today, On May 28, The Kerala High Court recently gave relief to well-known film director and Bigg Boss Malayalam winner, Akhil Marar, by granting him anticipatory bail.
This decision came after he was booked by the Kottarakkara Police for a Facebook Live video where he spoke about the Indo-Pak conflict.
The case reached the court after Marar feared arrest over his statements, which some alleged were against the sovereignty of India.
However, the court took a detailed look into the matter and made an important legal observation.
Justice Bechu Kurian Thomas, who heard the case, said that unless a person clearly calls for a violent rebellion or war against the country, their speech cannot be considered a crime under Section 152 of the Bharatiya Nyaya Sanhita (BNS).
Section 152 punishes those who try to provoke armed rebellion or acts that threaten the unity and integrity of the country.
Quoting Justice Thomas, the court said,
“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 judge also pointed out that Akhil Marar was cooperating with the police and had not tried to avoid the investigation. So, the court believed that it was right to give him anticipatory bail.
the court ordered,
“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,”
In the Facebook Live video posted on May 11, 2025, Marar had made some controversial remarks. He allegedly claimed that India had supported Baloch militants and killed civilians in Pakistan.
He also allegedly stated that the Indian Army was acting like a slave to another country. He reportedly compared the foreign policy of former Prime Minister Indira Gandhi with that of the current Prime Minister Narendra Modi.
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These statements led to a First Information Report (FIR) being filed against him under Section 152 of the BNS, accusing him of making remarks that could hurt the unity and sovereignty of India.
To avoid being arrested, Marar went to the court asking for anticipatory bail. In his plea, he explained that his statements were misunderstood and taken out of context.
He said the video was a political reaction to a sarcastic remark made by Janam TV journalist Anil K Nambiar.
Marar mentioned that the video was streamed live and deleted soon afterward when he realised that it might be used wrongly by his political opponents.
He later posted a clarification video to explain the meaning and context of his earlier remarks.
Marar also claimed that the FIR was based on false and edited content shared by people linked with the Bharatiya Janata Party (BJP) and Rashtriya Swayamsevak Sangh (RSS). He firmly denied making any statement that could harm India’s sovereignty.
He also said that his statements were based on information that was already available in the public domain.
One of the most significant lines in the judgment was when the court stated:
“A social media post without a specific call for armed rebellion or secession cannot, prima facie, be seen as incitement to rebellion.”
Akhil Marar was represented in the court by his legal team, which included advocates Bimala Baby, Jasmine Ligy, Magi Pavithran, and Roshan Shaji.
Case Title:
Akhil Raj v. State of Kerala.
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