LawChakra

Abuse of Process & Violation of Liberty: Madras HC Slams Repeated Incarceration, Grants 12-Week Interim Bail to Savukku Shankar

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The Madras High Court granted 12-week interim bail to YouTube journalist Savukku Shankar, noting repeated incarceration and misuse of criminal law against him. The judges flagged abuse of process, medical concerns, and continuous violation of his personal liberty.

The Madras High Court granted interim bail to YouTube journalist A. Shankar, known as Savukku Shankar, on December 26, 2025.

The court expressed serious concerns regarding the repeated incarceration of Shankar and the manner in which criminal law was invoked against him, indicating a potential abuse of process and violation of personal liberty.

Justices S.M. Subramaniam and P. Dhanabal ordered his release on interim bail for 12 weeks, primarily for medical reasons, and made strong remarks about the continuous infringement on his liberty.

This ruling came in response to petitions filed by Shankar’s mother, A. Kamala, seeking medical care, temporary bail, and relief from alleged solitary confinement.

Shankar, the CEO of Savukku Media (OPC) Private Limited, has been held at Central Prison-II, Puzhal. His mother claimed he has faced relentless targeting by law enforcement due to his investigative journalism and critical commentary about the state government on his YouTube channel.

The court noted that a preventive detention order imposed on Shankar under the Goondas Act in May 2024 had already been overturned by the high court. It also acknowledged the second detention order, issued right after the first, which was later withdrawn by the state before reaching the Supreme Court.

The bench remarked that repeatedly applying detention laws against the same individual raises significant questions about the misuse of legal authority.

The court stated,

“This Court has time and again reiterated that due process of law shall not be misused to target specific individuals, who have fallen out of favour with the State Government. The professionalism and discipline of the uniformed personnel shall not be compromised under any circumstances by indulging in such forceful action unnecessarily. This series of allegations and the nature and mode of arrest as detailed in the affidavit raise suspicion as to the veracity of the allegations against the petitioner’s son,”

This latest legal battle stemmed from Shankar’s arrest on December 13, 2025, linked to an FIR regarding an alleged unauthorized GPay transfer of Rs.94,000 to a Savukku Media employee.

Shankar claimed that the transaction was a setup and pointed to the timing of the alleged transfer, the FIR’s registration, and his arrest as evidence of fabrication.

The bench noted its confusion over the repeated incarceration of a single individual identified as a YouTube journalist, expressing concerns that such actions suggested Shankar was being selectively targeted for his dissenting opinions.

A significant factor influencing the court’s decision was Shankar’s health. The bench noted that he is a cardiac patient, having undergone a serious cardiac procedure involving the implantation of two stents due to 95% blockage in his coronary arteries, along with being a chronic diabetic.

Shankar alleged inadequate medical care in prison, as well as mental harassment. Although prison authorities presented a medical report indicating his health was stable, the court found it insufficient, as it did not take his past cardiac issues into account.

The bench referenced complaints submitted to a magistrate suggesting that Shankar had experienced fever and potential cardiac symptoms while in custody, with doctors initially expressing concern, only to later state that there was “nothing to worry”.

Citing constitutional principles under Articles 19(1)(a) and 21, alongside Supreme Court precedents highlighting that “bail is the rule and jail is the exception,” the bench concluded that any deprivation of liberty, even for a short duration, must be thoroughly justified.

It asserted that the ongoing restriction of Shankar’s personal freedom could only be seen as an abuse of legal process.

Consequently, the court granted interim bail for 12 weeks concerning multiple FIRs against him, with conditions such as execution of a personal bond, a restriction on leaving the country, and cooperation with the ongoing investigation.

The court clarified that the grant of interim bail does not reflect an opinion on the merits of the pending criminal cases and directed that Shankar be released immediately.





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