SC Grants Anticipatory Bail To Journalist Charged For Uploading Obscene Video Of Woman Politician

An interim anticipatory bail has been granted to a Kerala-based journalist T.P. Nandakumar by the Supreme Court of India in the case of Nandakumar T.P. v. State of Kerala & Anr. The journalist is facing criminal charges for allegedly uploading a defamatory and obscene video related to a prominent woman politician on his YouTube channel, Crime Online.

Bench Issues Interim Relief

The plea was heard by a vacation Bench of Justice Sandeep Mehta and Justice Prasanna B. Varale and a notice was issued on Nandakumar’s petition regarding the anticipatory bail. 

Based on the nature of the case as well as the pending investigation, an interim order was passed by the Bench, mentioning- “in the event of his arrest, the petitioner shall be enlarged on bail by the jurisdictional trial court, subject to furnishing bail and bonds to the satisfaction of the investigating officer.”

Direction to Cooperate with the Investigation

When granting interim bail, the appellant Nandakumar has been directed by the Court to cooperate with the ongoing investigation, bringing to notice that such relief must not be misused or understood as immunity from the legal proceedings.

Allegations Made-

The case is filed on the basis of a video which was uploaded by the appellant Nandakumar on his YouTube channel. As per the prosecution, the video contained:

• Sexually coloured remarks
• Derogatory as well as defamatory statements
• Threatening language

The comments made in the said video are allegedly aimed at maligning the reputation as well as insulting the modesty of a well-known woman political leader. The prosecution further claims that the video was published with an intention to cause reputational harm to the victim as well as to intimidate her. 

Legal Provisions involved-

The First Information Report (FIR) filed against Nandakumar includes the following provisions:

• Section 75(1)(iv) of the Bharatiya Nyaya Sanhita, 2023: Insulting modesty of a woman
• Section 79: Issuing threats with an intention to harm the reputation
• Section 351(1)(2): Dissemination of obscene material by using electronic means
• Section 67 of the Information Technology Act, 2000: Publishing or transmitting obscene content in electronic form

The above mentioned sections collectively prove the serious nature of the accusations made against the accused, including claims of cybercrime as well as offences against women.

Refusal From the High Court- 

Before approaching the Supreme Court, the Kerala High Court had dismissed the plea for anticipatory bail filed by Nandakumar dated June 9, 2025. 

The accused was directed by the High Court to surrender before the police, thereby prompting him to move the Apex Court for appeal.

Next Hearing

The Supreme Court hear the case after a period of six weeks, thus providing the prosecution time to file response and investigation, meanwhile providing the petitioner an  interim protection from arrest.

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