Court says video did not show applicant directly using obscene or sexually coloured remarks against the complainant; custodial interrogation held unnecessary.
The Kerala High Court has granted anticipatory bail to Muhammed Nihad @ Thoppi, who was accused in a case involving a YouTube live stream in which photographs and videos of a woman were allegedly published without her consent along with obscene, sexually coloured, derogatory and defamatory remarks.
Justice Kauser Edappagath, while hearing Bail Application No. 4493 of 2026, noted that the prosecution alleged that on June 10, 2026, the accused persons conducted a live stream on the YouTube channel “Mrz Shameer” for nearly four hours. During the stream, it was alleged that the de facto complainant’s photographs and videos were deliberately displayed without consent, with the intention of insulting her modesty, invading her privacy, tarnishing her reputation and subjecting her to public ridicule and humiliation.
The applicant argued that he was innocent and had been falsely implicated, contending that there were no materials connecting him to the alleged offences. The prosecution, along with the de facto complainant, opposed the plea and argued that the alleged acts were intentional and that bail at this stage would affect the investigation.
After perusing the case diary and viewing the video in question, the Court observed that there was nothing to show that any obscene words or sexually coloured remarks were directly spoken by the applicant against the victim. Taking note of the allegations and the materials placed before it, the Court held that custodial interrogation was unnecessary and that the applicant was entitled to pre-arrest bail.
The Court ordered that in the event of arrest, the applicant shall be released on bail on executing a bond of Rs. 1,00,000 with two solvent sureties for the like amount each. He has also been directed to cooperate with the investigation, appear before the investigating officer every Saturday between 10:00 a.m. and 11:00 a.m. until further orders, and appear as and when required.
The Court further restrained him from committing any similar offence, contacting prosecution witnesses, tampering with evidence, influencing witnesses, or leaving the State of Kerala without permission of the trial court. It was also made clear that the jurisdictional court may consider modification or cancellation of bail if any condition is violated.
Bottom Line :
Anticipatory bail - Allegation of live streaming photographs and videos of de facto complainant without consent and making obscene, sexually coloured, derogatory and defamatory remarks - On viewing of video, Court found nothing to show that obscene words or sexually coloured remarks were directly spoken by applicant against victim - Custodial interrogation held unnecessary - Pre-arrest bail granted subject to conditions.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482, Bharatiya Nyaya Sanhita, 2023 Sections 79 and 75(1)(iv), Information Technology Act, 2000 Section 67, Kerala Police Act, 2011 Section 120(o)
Muhammed Nihad @ Thoppi v. State of Kerala, (Kerala) : Law Finder Doc id # 2987663
