Hindu Ezhava leader Vellapally Natesan, who was booked by Kerala Police for a communal speech, on Monday filed a petition in the high court seeking anticipatory bail.
The court will hear the petition on Wednesday and has sought the state government's version.
Natesan, while on a statewide yatra last month, said in a public speech that if anyone has to get gratis from the Oommen Chandy government, they should either be a Muslim or a Christian.
He was referring to the compensation given by the Chandy government to the family of auto-rickshaw driver Naushad, who died in Kozhikode after bravely entering a manhole to rescue two migrant labourers.
Soon after Natesan made this remark, there was all-round condemnation by political leaders, barring from the BJP.
Kerala Police registered a case against Natesan, following a complaint by state Congress president V.M. Sudheeran.
Natesan, at the culmination of his statewide tour earlier this month, launched a new political party, the Bharath Dharma Jana Sena, in the state capital.