NANDAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed by the sole accused in Crime No.33/2025 of Cyber Crime Police Station Kochi, Ernakulam City, under Sec. 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 Sec. 192 of the Bharatiya Nyaya Sanhita, 2023 (for short, the BNS) and Ss. 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, Sri. Pinarayi Vijayan and thereby committed the offences mentioned above.