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IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH
T.P.Nandakumar – Appellant
Versus
State Of Kerala, Represented By The Public Prosecutor – Respondent
The ratio decidenti of this case is that the court found no prima facie evidence to establish that the applicant's social media post contained sexually explicit acts or conduct as defined under Section 67A of the IT Act. Consequently, the alleged offence under Section 67A was not substantiated, and the applicant was entitled to pre-arrest bail. The court emphasized that the content of the video did not meet the criteria of sexually explicit material, and the primary allegations related to inciting public mutiny and tarnishing political reputation rather than engaging in sexually explicit conduct. Therefore, the court granted bail, subject to specific conditions, reaffirming that the absence of evidence linking the accused to the sexually explicit content was decisive in the decision.
ORDER :
Kauser Edappagath, J.
This application is filed by the sole accused in Crime No.33/2025 of Cyber Crime Police Station Kochi, Ernakulam City, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking pre-arrest bail.
2. The applicant is the chief editor of a YouTube channel named CRIME ONLINE. On 29/8/2025, the applicant posted a video on the said YouTube channel as well as in his Facebook account named CRIME STORY with a caption
(“What exactly did Pinarayi do by lifting Saritha Nair’s skirt...the video is out”). On the same day itself, at 9.41 p.m., the Cyber Crime Police Station, Kochi, registered a crime against the applicant for the offences punishable under Section 192 of the Bharatiya Nyaya Sanhita, 2023 (for short, the BNS) and Sections 67 and 67A of the Information Technology Act, 2000 (for short, the IT Act). Annexure 1 is the FIR.
3. The allegation in Annexure 1 is that the above- mentioned video contains obscene material involving sexually explicit content, and the applicant published it on his social media platforms with the intention of inciting public mutiny and tarnishing the reputation of the Hon'ble the Chief Minister of Kerala
Publication must depict actual sexual acts to invoke Section 67A of the IT Act.
Pre-arrest bail granted, emphasizing no necessity for custodial interrogation and distinguishing between offenses under the IT Act.
Pre-arrest bail is not granted as a matter of course; serious allegations and investigation stage must be considered.
The presumption of guilt based on serious allegations and history of absconding justifies denial of bail.
Bail applications under Section 439 require careful consideration of the gravity of the offence and the risk of influencing witnesses, especially in serious cases involving sexual offences.
The court underscored that pre-arrest bail is not granted as a matter of course, especially in serious allegations where the investigation is ongoing.
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