The Madras High Court on Friday granted interim bail for a period of three months to YouTuber ‘Savukku’ Shankar, strongly criticising the state machinery for repeatedly restricting his personal freedom and urging authorities to pursue major corruption offenders instead of targeting individuals exercising constitutional rights.
A vacation bench comprising Justices S. M. Subramaniam and P. Dhanabal ordered Shankar’s release on bail from December 26, 2025, to March 25, 2026. The court took into account his prior medical conditions, including heart-related issues and diabetes. The relief was granted on a petition filed by his mother, A. Kamala.
Shankar has been in judicial custody since December 13, 2025, following his arrest by the Greater Chennai Police in connection with an extortion case.
Taking a stern view of the state’s actions, the bench observed that the repeated filing of criminal cases against Shankar amounted to harassment and caused severe mental distress not just to him but also to his family.
The court noted that the pattern of case registrations and previous judicial orders demonstrated how law-enforcement agencies were subjecting the detainee and his relatives to unnecessary mental suffering.
“Taking note of the submissions and considering the medical condition of the prison inmate (Shankar) and repeated curtailment of his personal liberty, this court is inclined to release on bail from Dec. 26, 2025 to March 25, 2026,” the bench said in its order.
After considering the submissions, Shankar’s health condition, and the recurring infringement of his liberty, the bench stated that it was inclined to grant him interim bail for the specified period.
Emphasising that dissent is an accepted feature of democratic institutions like Parliament and State Assemblies, the judges questioned why authorities were focusing on journalists and individuals such as Shankar merely for exercising their right to free speech.
The court remarked that if the state felt aggrieved by any dissenting opinion, it was free to pursue civil remedies such as defamation suits, but interfering with personal liberty amounted to a violation of constitutional guarantees.
Calling for decisive action against corruption, the bench advised authorities to serve the public interest by pursuing major offenders and acting on complaints already pending with the Directorate of Vigilance and Anti-Corruption, adding that such courage would earn public appreciation.
The court further cautioned that legal procedures should not be misused as tools to selectively target individuals.
Back in 2024, when the Madras High Court quashed Shankar’s preventive detention, here is what they said.
In August 2024, the Madras High Court set aside the preventive detention order passed against YouTuber and journalist Shankar @ Savukku Shankar, holding that the detention violated statutory safeguards under Tamil Nadu Act 14 of 1982 and amounted to an unjustified curtailment of free speech and personal liberty.
A Division Bench comprising SM Subramaniam and V Sivagnanam, in its judgment dated 9 August 2024, allowed the habeas corpus petition filed by Shankar’s mother, A Kamala, and directed that the detenu be released forthwith unless required in any other case.
Setting aside the detention order dated 12 May 2024, the Court held: “In fine, we have arrived at an irresistible conclusion that the impugned order of detention is not in compliance with the essential requirement and ingredients as contemplated under Act 14 of 1982.”
The Bench ordered that Shankar, aged 48 and lodged at Central Prison, Coimbatore, be set at liberty immediately and directed the Registry to communicate the judgment to prison authorities without delay.
Court’s Observations on Dissent and Governance
In a detailed discussion on freedom of speech, the High Court underscored that criticism of the State, including sharp or uncomfortable dissent, was intrinsic to constitutional democracy.
“The Institutions derive powers from the Constitution, which is made by the collective Will of the People of India and are working for the people,” the Court observed.
Warning against arbitrary State action, the Bench said: “This individual freedom cannot be clamped down at the whims and fancies of the State.”
The Court categorically rejected the idea that criticism of governance constituted a public order threat, holding: “Speeches criticising the ruling government, its policies and actions or exposing corrupt or illegal actions in the public administration cannot in itself be termed as threat to ‘Public order’.”
Preventive Detention Must Be Used Sparingly
The judgment emphasised that preventive detention laws were exceptional powers and could not be deployed routinely to silence dissent.
“Extreme care and caution is a pre-condition to invoke preventive detention laws and must not be used in a routine manner to suppress fundamental rights of the citizens.”
The Bench warned that repeated curtailment of liberty would deter citizens from exercising their right to criticism and “fracture the spine of democracy.”
On the State’s approach to social media, the Court observed: “The Government can handle the social media as an effective tool to understand the grievances of a common man instead of trying to shut him down.”
Free Speech Central to Democracy
Referring to the 77th Independence Day celebrations in 2024, the Court posed a pointed question:
“And in this month of 77th Independence Day celebrations can the voices of the citizens be stifled again?”
Reiterating constitutional values, the Bench concluded: “The soul of a healthy democracy lies in free speech.”
The judgment concluded by recalling Rabindranath Tagore’s Where the mind is without fear, reinforcing the centrality of free thought and expression in a constitutional republic.
The habeas corpus petition was accordingly allowed, and all connected miscellaneous petitions were closed.
Lordship S.M. Subramaniam was upset while granting interim bail to brother @SavukkuOfficial today for the reason that the state had not read his order dated 09.08.2024, in spite of he using bold letters to highlight their shortcomings.@TheBluePen25 @americai @redpixnews
1/3 pic.twitter.com/tiKLKehTl0— S. Muralidharan (@BalambalMurali) December 26, 2025
Subscribe to our channels on Telegram, WhatsApp, and Instagram and get the best stories of the day delivered to you personally.