"Unwarranted & Extraneous": Supreme Court While Setting Aside Bail Condition Requiring Shutting Down Of YouTube Channel

On Friday, September 27, the Supreme Court set aside the Madras High Court’s order requiring YouTuber Felix Jerald to shut down his YouTube channel RedPix 24x7 as a condition for bail in a criminal case involving alleged scandalous remarks made during an interview with 'Savukku' Shankar.

The Bench of Chief Justice of India DY Chandrachud and Justice Manoj Misra ruled that the condition imposed by the High Court was unnecessary and unrelated to the core issue of the bail application.

"Imposition of a condition for shutting down the YouTube channel was unwarranted and extraneous for a decision on the application for bail," the Court observed. 

The Bench confirmed its interim order dated September 6, which had stayed the condition. "The petitioner ought to have been released on bail independent of the condition so imposed by the High Court. We accordingly set aside the condition which has been imposed by the High Court to the effect that the petitioner shall close his YouTube channel. The order dated 6 September 2024 passed by this Court shall stand confirmed with the above modification of the order of the High Court," the Court ordered. 

Accordingly, the Bench disposed of the SLP.

Earlier, the Court had questioned Jerald’s decision to air the interview that contained offensive remarks against the judiciary and women police officers. On September 6, when seeking interim relief, Senior Advocate Gopal Shankaranarayanan, representing Jerald, acknowledged that the interview should not have been broadcast. However, he argued that the High Court’s directive to close the YouTube channel was disproportionate. Shankaranarayanan highlighted that RedPix 24x7 had been operational since 2004, with over 2 million subscribers. He also cited the Supreme Court’s ruling in the Mohammed Zubair case, where the Court refused to impose a bail condition barring the petitioner from tweeting.

Felix Jerald faces charges under Sections 294(b) (obscene acts) and 506(1) (criminal intimidation) of the Indian Penal Code, along with Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, in connection with the interview featuring 'Savukku' Shankar.

Cause Title: Felix Jerald v. State [SLP(Crl) No. 11762/2024]

Appearance:-

Petitioner: Senior Advocate Gopal Sankaranarayanan, Advocates S. Prabu Ramasubramanian, Bharathimohan M, Santhosh K, Manoj Kumar A., P. Ashok, Jhanvi Dubey, Trisha Chandran, Vairawan A.S (AOR) 

Respondent: Advocates D. Kumanan (AOR), Deepa S, Sheikh F Kalia, Veshal Tyagi, Chinmay Anand Panigrahi, Shagufa Khan,

Click here to read/download the Order