The Madras High Court Yesterday (August 16, 2024) refused to grant anticipatory bail to an individual who had been booked under the provisions of the Bharatiya Nyaya Sanhita (BNS) and the Information Technology Act of 2000 for having shared a blasphemous post against Prophet Muhammad on his Facebook page.
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CHENNAI: The Madras High Court denied anticipatory bail to an individual accused under the Bharatiya Nyaya Sanhita (BNS) and the Information Technology Act of 2000 for sharing a blasphemous post against Prophet Muhammad on his Facebook page.
Justice P. Dhanabal rejected the bail plea after Government Advocate (criminal side) S. Santhosh argued that individuals cannot evade prosecution by claiming that they merely shared a message authored by someone else by mistake or that they deleted the post after realizing their error.
The Government Advocate referenced a 2023 judgment by Justice N. Anand Venkatesh in the case of actor S.Ve. Shekher, which underscored that individuals sharing messages on social media must exercise great caution and cannot escape penal consequences simply by deleting harmful content after it has already caused damage.
The court was informed that the petitioner, R. Murugesan, 48, from Rathinapuri in Coimbatore, had been booked by the Saibaba Colony police on July 20, 2024.
His anticipatory bail petition had previously been dismissed by the Coimbatore Principal District and Sessions Court on August 8, 2024, after a review of the blasphemous post’s content.
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