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YouTuber Thoppi Gets as Kerala HC Finds No
In a significant ruling, the on Monday granted to controversial YouTuber and gamer Muhammed Nihad, popularly known as Thoppi. Justice Dr. Kauser Edappagath allowed the plea after personally reviewing the allegedly obscene live stream video and concluding that no were made directly against the complainant.
Bail Granted: No Found in Video
The Court observed that the four-hour live stream on the YouTube channel 'Mrz Shameer' did not contain any direct obscene or targeting the victim. “I have viewed the video in question. In the said video, there is nothing to show that any or were directly spoken by the applicant against the victim,” the judge noted, adding that of the accused was unnecessary.
Case Background: Four-Hour Live Stream Alleged
The case stems from Crime No. 660/2026 registered at in Malappuram district. According to the prosecution, on , from 10 PM onwards, the accused persons—acting with —conducted a nearly four-hour live stream on YouTube. During the broadcast, they allegedly published and displayed photographs and videos of the without her consent, and made obscene, sexually coloured, derogatory, and defamatory remarks about her. The aim, prosecutors claimed, was to intrude on her privacy, insult her modesty, tarnish her reputation, and subject her to public ridicule.
The offences invoked include ; ; and .
Arguments Presented: Innocence vs. Criminal Intent
Thoppi’s counsel, , argued that his client was innocent and had been falsely implicated. He contended that no material on record connected the YouTuber to the alleged crime. In contrast, the Public Prosecutor, , and the counsel for the , , opposed the bail plea, asserting that the incident was part of a deliberate criminal act and that releasing Thoppi could hamper the ongoing investigation.
Court’s Analysis: Direct Review of Video
After hearing both sides and perusing the case diary, the Court decided to directly view the impugned video. This first-hand examination proved pivotal. Finding no direct obscene or sexually coloured utterances by the applicant, the Court concluded that his continued custody was not warranted. The judge emphasized that the allegations did not justify further , making this an appropriate case for .
Conditions Imposed on YouTuber
While granting relief, the Court imposed stringent conditions to ensure Thoppi’s cooperation with the investigation. The bail order requires: - A bond of ₹1,00,000 with two of the same amount. - Full cooperation with the investigation, including submitting to if required. - Weekly appearance before the investigating officer every Saturday between 10 AM and 11 AM until further orders. - No commission of similar offences while on bail. - No contact with prosecution witnesses or any attempt to . - No departure from Kerala without permission.
The Court also clarified that any application for due to violation of conditions must be filed before the .
Implications
This ruling underscores the importance of of electronic evidence in cases involving alleged online obscenity. By personally reviewing the live stream and finding no , the High Court has set a precedent that may influence how courts assess similar content-based offences in the future. The decision also highlights that the mere invocation of penal provisions does not automatically justify when the evidence fails to substantiate the core allegations.
