The Apex Court granted bail to YSR Congress MP, K. Raghu Rama Krishnam Raju, who had been arrested by Guntur (Andhra Pradesh) CID for alleged sedition and promotion of communal hatred over his speeches.
The bench also observed that there would be no requirement of custodial interrogation as the statements of petitioner were on record. While accepting the bail application, the bench also took into account the medical condition of petitioner as recently he underwent heart surgery.
The bench allowed petitioner’s appeal against an order passed by Andhra Pradesh High Court which refused to hear his bail application and asked him to approach Sessions Court. The bench stated that the High Court could’ve considered the bail application on merits.
The counsel appearing on behalf of petitioner contended that the petitioner’s statements were merely critical in nature as were made on the actions of State and under no circumstance the same could be termed as sedition and made punishable under Section 124A of Indian Penal Code.
The counsel also argued that the said provision had been included to make the offences non-bailable. The counsel submitted that petitioner had been tortured in the custody and the same could be comprehended from the medical reports.
The respondent counsel, representing the State, contended that SLP does not stand as the petitioner had an alternative remedy of approaching the trial court. The counsel also submitted that the petitioner holds an influential position and his inciteful words bear tendency to mislead the citizens’. The counsel also made a statement- bigger the position, greater the responsibility.
The respondent denied the allegations of custodial violence and added that the injuries reflected in the medical reports might be self-inflicted.
However, the bench granted the bail but imposed a condition upon the petitioner to not give any media interview or make any press statements until the investigation period is over. The bench also directed the petitioner to not influence the witnesses and cooperate with the investigation.
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