The Kerala High Court has granted anticipatory bail to T P Nandakumar, the chief editor of a YouTube channel, in connection with a case registered against him for allegedly uploading a video containing sexually explicit content targeting Chief Minister Pinarayi Vijayan.
Justice Kauser Edappagath, while allowing the bail application, held that there was no prima facie case to attract the offence under Section 67A of the Information Technology Act, which deals with the publication or transmission of sexually explicit material in electronic form.
The case was registered following the publication of a video on Nandakumar’s YouTube channel. The prosecution alleged that the video, allegedly containing sexually explicit content, was aimed at tarnishing the image of the Chief Minister and inciting public unrest.
Nandakumar, in his petition, asserted that the video was a political commentary based on the alleged double standards of the ruling party, particularly in the context of a molestation allegation made by a young MLA against a woman. He argued that the video merely offered a comparative political analysis and did not contain any obscene visuals.
Rejecting the prosecution’s claim that the content was sexually explicit and capable of inciting public mutiny, the court held:
“By no stretch of imagination can the video be characterised as sexually explicit or that its contents would deprave or corrupt the minds of the people who view it.”
It further noted:
“No case of publication or transmission of material containing sexually explicit act or conduct as provided under Section 67A of the IT Act has been prima facie made out against the applicant.”
The court also observed that the police had already seized the hard disk containing the alleged video and the investigation was nearly complete. Therefore, it concluded that custodial interrogation of the petitioner was not warranted.
The High Court directed that if arrested, Nandakumar shall be released on executing a bond of ₹1 lakh with two solvent sureties of like amount. He was directed to:
- Cooperate with the investigation, including appearing for deemed police custody if required.
- Report to the investigating officer every Saturday between 10 a.m. and 11 a.m. until further orders.
- Refrain from influencing witnesses or tampering with evidence.
- Not leave the country without prior permission of the trial court.
The order grants interim protection to the petitioner while allowing the investigation to proceed without disruption.
