Supreme Court Grants Interim Anticipatory Bail To Kerala Journalist ‘Crime Nandakumar’ In FIR For Sexually Coloured Remarks Against Former CPIM Leader

The Supreme Court today granted anticipatory bail to journalist and YouTuber Nandakumar T.P., also known as "Crime Nandakumar", in a Special Leave Petition filed by him challenging the Kerala High Court's order refusing to grant anticipatory bail. 

An FIR had been registered against him in connection with a video uploaded on his YouTube channel, allegedly containing objectionable remarks about Sindhu Joy, a former leader of the Students’ Federation of India (SFI) and ex-member of CPI(M).

A Bench of Justice Sandeep Mehta and Justice P.B. Varale granted him anticipatory bail, directing that in the event of arrest, he shall be released on furnishing a bail bond to the satisfaction of the arresting officer. The Court also directed that Nandakumar shall continue to cooperate with the Investigating Officer.

Background

Nandakumar, a 64-year-old journalist and YouTuber, was booked for offences under Sections 75(1)(iv), 79, and 351(1)(2) of the Bharatiya Nyaya Sanhita, 2023, and Section 67 of the Information Technology Act, 2000.

According to the Kerala High Court order, the allegation was that he uploaded a video on his YouTube channel “Crime Online”, wherein he used “derogatory and threatening words by using sexually coloured remarks” allegedly directed at Sindhu Joy, with the intention to insult her modesty and damage her reputation.

In his petition, Nandakumar claimed that he merely commented on widely reported incidents concerning Joy's past political associations and interactions with CPI(M) leader M.A. Baby, and that his video did not name her directly or use sexually explicit language. He alleged that the FIR was politically motivated.

When the matter came before the Kerala High Court, the Court declined to grant anticipatory bail but observed, “Having heard both sides, I am of the view that this anticipatory bail application can be disposed of permitting the petitioner to surrender before the Investigating Officer.”

The High Court had directed that he shall not be arrested till a Magistrate decides his bail application.