Kerala court grants bail to Hindutva activist TG Mohandas booked for saying Jantar Mantar women protestors 'enjoy rape'

A Thiruvananthapuram court has granted bail to right wing activist, journalist and lawyer TG Mohandas in a case arising from his YouTube videos where he allegedly threatened and made offensive remarks against students and women protesters at Jantar Mantar. [TG Mohandas v. State of Kerala].Additional Chief Judicial Magistrate (ACJM) Mithun Gopi GS passed an order on August 10, 2026, granting bail to Mohandas a day after he was arrested.A key issue before the court was the failure of the police to issue notice to Mohandas under Section 35(3) (notice to to accused to appear before police when arrest is not immediately necessary) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The investigating officer had stated that notice was not issued due to the apprehension that Mohandas could have absconded or destroyed digital evidence or influenced the complainant.The magistrate, however, found that the investigation did not disclose any specific circumstances supporting such apprehensions as the police had located Mohandas at his known residence and conducted a search there while he was present."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. The same applies to the general apprehension of the accused influencing the complainant, for which no specific material is disclosed in the remand report," the magistrate added..Mohandas has been booked under various provisions of the Information Technology Act, the Kerala Police Act and the Bharatiya Nyaya Sanhita (BNS) for allegedly provoking the public with intent to cause a riot, publishing or circulating false statements, rumours, or reports and causing nuisance to any person through communication.According to the prosecution, Mohandas uploaded videos on his YouTube channel 'Pathrika' on July 24 and 25, allegedly containing statements intended to create fear and anxiety among people participating in a protest at Jantar Mantar, Delhi and for disturbing the public peace and tranquility.Mohandas reportedly said that the Jantar Mantar protests could lead to incidents of gang rape and claimed there would be no complaints because those attending the protest “like rape” and that there were girls who “enjoy being raped”.The prosecution further alleged that the videos contained offensive remarks insulting women and violating their dignity and statements that students protesting at Jantar Mantar should be shot dead, thereby causing criminal intimidation and fear among the students..Counsel representing Mohandas argued that the allegations against him were baseless and that the case was politically motivated due to his association with RSS and BJP. It was also submitted that the de-facto complainant was an organising committee member of an association called 'Young Democrats', which was associated with the Social Democratic Party of India (SDPI).The magistrate, however, observed that the alleged political rivalry was not a matter that required consideration at the bail stage. The court also noted that although the prosecution referred to 16 complaints concerning the incident, the present crime was registered on the basis of an email sent by the de-facto complainant who was neither present at the Jantar Mantar protest or directly affected by the alleged remarks.It noted that the electronic devices allegedly connected with the offence had already been recovered from Mohandas's residence.Thus, taking note of the accused's age and the medical concerns raised by his counsel, the court observed that the prosecution's concerns could be addressed by imposing stringent bail conditions.Importantly, the court permitted him to continue using digital platforms and social media. However, he has been prohibited to publish any content relating to the alleged incident..Advocate Shekar G Thampi appeared for Mohandas..[Read Order]