KOCHI: The Kerala high court on Friday declined to grant anticipatory bail to activist Rehana Fathima , who had tried to enter Sabarimala shrine but was blocked by protestors.A pre-arrest bail was sought in the case registered by Pathanamthitta police alleging hurting religious sentiments (295A IPC). The case was registered over a complaint filed by ‘Pancha Divya Desha Darsan’ alleging that some Facebook posts of Rehana hurt religious sentiments.The allegation was that she uploaded a picture on her Facebook account showing a woman cutting a ribbon drawn across the leg of Lord Ayyappa. It was also alleged that she posted a photograph of herself in the attire of an Ayyappa devotee in which she was in a sexually-explicit posture.Denying bail to the activist, justice Sunil Thomas said in the judgment, “The photograph of the petitioner wearing the black dress strikingly resembles the attire of a devotee of Lord Ayyappa or a Sanyasi. It directly militates against her posture, which cannot be stated to be in good taste. The third one depicting Lord Ayyappa also does not prima facie appear to send any positive message. However, it cannot be appreciated from the view point of an ordinary prudent believer. Definitely, the above three photographs cumulatively and independently see, prima facie, appear to have the propensity to wound the religious feeling of the devotees or create confusion in their mind and may affect the religious feelings of the devotees. It does not prima facie appear to be unintentional or innocuous since she herself claims to be a believer of Advaitha system of faith.”Further, the court said it has to be investigated whether the posts were deliberate and intended to outrage the religious feeling of the community and whether the posts were part of a larger conspiracy.The petitioner had contended that none of the ingredients that are to be satisfied for registering a crime under section 295A have been satisfied. The petition was filed under the name Fathima AS.

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