THIRUVANANTHAPURAM: The state government is likely to move an appeal on Thursday seeking cancellation of the bail granted by the Judicial First Class Magistrate Court here to Kerala Janapaksham leader PC George in the hate speech case. George was arrested in connection with the speech he had delivered against the Muslim community during the Ananthapuri Hindu Maha Sammelan recently.
Though booked under non-bailable sections, George was granted bail by magistrate Asha Koshy on Sunday, the same day he was arrested from his residence in Erattupetta in a pre-dawn swoop.
George was produced before the magistrate in the absence of the assistant public prosecutor and the bail was granted without hearing the prosecution. This had precipitated a big controversy.
The sources said the appeal will be moved before the Principal Sessions Court under Section 439 of the Indian Penal Code. The government argument would be that there was procedural irregularity from the magistrate while granting the bail as the prosecution was not heard. The government would also argue that the gravity of the offence committed was not taken into account by the lower court and granting bail to George, who was arrested under Sections I53 A and 295 A, had sent a wrong message to the public.
P C George was granted bail on the basis of the feeble remand report that was filed by the police before the Judicial First Class Magistrate Court, the bail order has revealed.
As per the order, the police did not make it clear in the report as to why they were moving the demand for remanding a former legislator. The court said the reported statements made by George were serious, but the police report did not say whether he had made similar remarks in the past. The only police contention was that George could influence the witnesses if released on bail. The court said the issue can be addressed by granting him conditional bail.