The Kerala High Court on May 28 granted anticipatory bail to Malayalam film director Akhil Marar in a case related to his Facebook video discussing the Pahalgam terror attack and India’s response.
"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,"
– Justice Bechu Kurian Thomas, Kerala High Court.
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The complaint was filed by Aneesh Kizhakkekara, a local BJP leader from Kottarakkara in Kollam district. He alleged that Marar's Facebook video, posted on May 11, contained serious claims. According to the complaint, the video stated that no terrorist involved in the attack could be caught. It also alleged that India had given weapons to Baloochistan activists to provoke unrest in Pakistan, and that civilians were killed during India’s retaliation.
The police registered a case against Marar under Section 152 of the Bharatiya Nyaya Sanhita (BNS). This section deals with acts that are seen as a threat to the sovereignty, unity, and integrity of India. The case is being investigated by the Kottarakkara police.
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In his bail petition, Akhil Marar claimed that Section 152 was being misused against him. He explained that the video was deleted soon after posting, but due to a technical issue, it remained online for a day. He clarified that his post was merely a commentary on the ongoing situation and not intended to cause harm.
"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,"
– Justice Bechu Kurian Thomas.
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Marar also mentioned that he has shared social media posts praising Operation Sindoor and the Indian Army, showing his support for national efforts. He expressed concern that the legal action is an attempt to silence dissent and stop him from sharing his views.
The petition was filed by a team of lawyers including Bimala Baby, Jasmine Ligy, Magi Pavithran, and Roshan Shaji.
The case is titled Akhil Raj v. State of Kerala and Others, under case number BA 6655/2025. The Court refrained from making any direct observations about the truth of the allegations but granted protection to Marar in view of his cooperation with the investigation.
"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."
Case Title: Akhil Raj v State of Kerala and Others
Case No: BA 6655/ 2025