Justice L.Victoria Gowri emphasizes personal liberty, grants bail with stringent conditions despite preventive detention under Goondas Act
In a significant ruling, the Madras High Court has granted bail to Shankar @ Savukku Shankar, a journalist and political satirist, in a case involving alleged offenses under the Bharatiya Nyaya Sanhita, 2023. The decision was delivered by Justice L. Victoria Gowri, highlighting the importance of personal liberty and the need to balance it with public interest and ongoing investigations.
The petitioner, Shankar, was arrested on April 8, 2026, and has been in judicial custody since April 9, 2026. The charges against him include accusations of pelting stones, abusing police personnel, and causing public panic, as per Sections 296(b), 125, 132, 109(1), and 351(3) of the Bharatiya Nyaya Sanhita, 2023. Despite these allegations, the court noted contradictions in the prosecution's versions of two different crimes, questioning the credibility of the charges.
The prosecution's case was challenged by Shankar's counsel, who argued that the accusations were improbable given that Shankar was already in police custody during the alleged incident. Furthermore, discrepancies were noted between the prosecution's claims in two separate cases filed on the same day, involving the same vehicle and individuals in conflicting roles.
The court acknowledged these contradictions and emphasized the principle that preventive detention under the Tamil Nadu Prevention of Dangerous Activities Act, 1982, does not automatically preclude statutory bail considerations. Justice Gowri pointed out that preventive detention and punitive custody operate in different legal spheres, and the mere existence of a detention order should not impede the court's jurisdiction to examine a bail application on its merits.
In her ruling, Justice Gowri underscored the importance of personal liberty, stating that continued incarceration is unwarranted if the prosecution's apprehensions can be mitigated through stringent bail conditions. Shankar was granted bail with specific conditions, including daily appearances before the police, cooperation with the investigation, and restrictions on tampering with evidence or influencing witnesses.
This decision serves as a reminder of the delicate balance between individual rights and public safety, with the court asserting that the liberty of a citizen should not be compromised lightly, irrespective of the gravity of the allegations. The ruling also makes it clear that observations made during the bail proceedings are not to affect the ongoing investigation or trial.
Bottom line:-
Bail jurisprudence emphasizes that personal liberty cannot be curtailed except in accordance with law, and the existence of preventive detention cannot bar consideration of statutory bail on its own merits.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Bharatiya Nyaya Sanhita, 2023 Sections 296(b), 125, 132, 109(1), 351(3), Tamil Nadu Prevention of Dangerous Activities Act, 1982
Shankar @ Savukku Shankar v. Inspector of Police, (Madras) : Law Finder Doc id # 2897322
