Kerala High Court grants bail to YouTube journalist in case regarding video against CM Pinarayi Vijayan

Kochi: The Kerala High Court has granted pre-arrest bail to the chief editor of a YouTube channel in a case accusing him of posting a video with sexually explicit content against Chief Minister Pinarayi Vijayan, saying there was no obscene material in the visuals.

Justice Kauser Edappagath granted the relief to T P Nandakumar on his plea claiming there was no sexually explicit content in the video to attract the offences under the Information Technology (IT) Act.

Nandakumar, in his plea, had contended that his video report was purely "a political and comparative analysis in the backdrop of the allegation of molestation by a young MLA against a woman and the double standard taken by the ruling party led by the chief minister when similar allegations arose against the leaders of their party.

The prosecution had opposed the plea claiming that the video was posted with the intention of inciting public mutiny and tarnishing the reputation of the CM.

Rejecting the prosecution's contentions, the court said that "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.

"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 (Nandakumar)," the court said.

It further said that the hard disk containing the alleged video has already been seized by the police and the investigation in the matter is almost over.

The court also said that custodial interrogation of the petitioner was unnecessary.

It directed that Nandakumar, if arrested, shall be released on bail on executing a bond of Rs one lakh with two solvent sureties for the like sum.

The court directed the petitioner to cooperate with the investigation, "including subjecting himself to the deemed police custody for discovery, if any, as and when demanded".

It also directed him to appear before the investigating officer between 10 am and 11 am every Saturday until further orders and also as and when required.

The other bail conditions include not to influence witnesses or tamper with the evidence in the case and not leave the country without permission of the trial court.