Madras High Court grants bail to Savukku Shankar in stone pelting case

The Madras High Court on Wednesday granted bail to YouTuber and political commentator Shankar alias Savukku Shankar in a case alleging that he pelted stones at police personnel while being brought to Chennai after his arrest. (Savukku Shankar v. State).Justice L Victoria Gowri granted Shankar bail, noting that he was already in police custody when the alleged incident took place.“The liberty of a citizen is not to be weighed lightly merely because allegations are grave. The law insists that liberty and investigation must be balanced with judicial care,” the Court said.The Court added that where the presence of an accused can be secured through conditions and the prosecution’s apprehensions can be addressed through safeguards, continued incarceration would not be justified as a matter of course..The prosecution's case was that Shankar was arrested on April 8 at Ongole in Andhra Pradesh and was being brought to Puzhal Police Station in Chennai. When the police vehicle reached near Kavangarai, it was allegedly stopped to allow Shankar to answer nature’s call. At that time, the de facto complainant, sub-inspector Dhanasekaran, allegedly reached the spot and stood near the vehicle.It was claimed that four other accused persons, who came in another car, picked up a quarrel with Dhanasekaran, abused him, pelted stones at him and threatened police personnel. The prosecution further alleged that Shankar also joined them, threw stones and caused panic among the public..Shankar’s counsel argued that the entire prosecution case was artificial, concocted and inherently unbelievable.He submitted that Shankar was in the custody and physical control of the police when the alleged incident occurred. Therefore, the allegation that he pelted stones while in custody was wholly improbable, it was argued.The defence also pointed to alleged contradictions between this case and another case registered against Shankar..The Court held that preventive detention and criminal custody operate in different fields. A preventive detention order cannot take away the High Court’s jurisdiction to consider a bail plea in a particular criminal case, the Court said.The Court clarified that its observations were only for deciding the bail plea and would not influence the investigation or trial.Shankar was granted bail on a bond of ₹25,000 with two sureties. He was directed to appear before the police daily at 10.30 AM until further orders..Advocate Arun Anbumani appeared for Shankar.Additional Public Prosecutor A Damodharan appeared for the State..[Read Judgment]