Kerala Court Grants Bail to TG Mohandas
A court in Thiruvananthapuram has granted bail to prominent Hindutva activist, journalist, and lawyer TG Mohandas. He was recently arrested following allegations of making threatening and offensive remarks on YouTube against protesters at Jantar Mantar.
Case Background
The Additional Chief Judicial Magistrate, Mithun Gopi GS, issued the bail order on August 10, 2026, just a day after Mohandas’s arrest. The case, TG Mohandas v. State of Kerala, primarily revolves around Mohandas’s controversial YouTube videos that allegedly contained inflammatory content aimed at women and students protesting at Jantar Mantar, Delhi.
Legal Proceedings
A significant issue during the legal proceedings was the police’s failure to issue a notice to Mohandas under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). This section mandates a notice to the accused when an immediate arrest is not necessary. The investigating officer justified the oversight by citing concerns that Mohandas might abscond, destroy digital evidence, or influence the complainant.
However, the magistrate determined that the investigation lacked specific circumstances supporting these apprehensions. The authorities had already located Mohandas at his known residence and even conducted a search while he was present. As the magistrate noted, “Mere apprehension of destruction, tampering or manipulation of evidence, in the absence of circumstances indicating an immediate necessity for arrest, cannot by itself justify dispensing with the statutory safeguard contemplated under Section 35(3) of the BNSS.”
Charges Against Mohandas
Mohandas faces charges under the Information Technology Act, Kerala Police Act, and Bharatiya Nyaya Sanhita (BNS) for allegedly inciting public unrest, spreading false statements, and causing public nuisance through communication. The prosecution claims that Mohandas uploaded videos on July 24 and 25, making statements that could incite fear and anxiety among Jantar Mantar protesters. Allegedly, he claimed that the protests might lead to incidents of gang rape because attendees “like rape” and “enjoy being raped.”
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Defense and Court Observations
Mohandas’s counsel argued that the charges were unfounded and politically motivated due to his affiliations with RSS and BJP. They pointed out that the de-facto complainant was associated with the Social Democratic Party of India (SDPI) and had not been present at the protests.
The court noted that the political rivalry was not pertinent at the bail stage and observed that the prosecution’s case was based on an email complaint rather than direct involvement in the protest. The court also acknowledged that electronic devices tied to the alleged offense had been secured from Mohandas’s residence.
Taking into account Mohandas’s age and health concerns, the court imposed strict bail conditions. Notably, Mohandas is allowed to use digital platforms but is restricted from publishing content related to the alleged incident. Advocate Shekar G Thampi represented Mohandas in court. [Read Order]
