Madras HC grants interim anticipatory bail to comedian Kunal Kamra

Madras High Court on Friday granted interim anticipatory bail to comedian Kunal Kamra, who is embroiled in a controversy over his purported jokes on Maharashtra deputy chief minister Eknath Shinde.

The court granted Kamra the relief on condition that he execute a bond to the satisfaction of the judicial magistrate at Vanur in Villupuram district in Tamil Nadu. Justice Sunder Mohan also issued notice to the second respondent (R2-Khar Police) and posted the matter to 7 April.

Kamra had submitted that he moved to Tamil Nadu from Mumbai in 2021 and has been "ordinarily a resident of this State since then" and that he feared arrest by Mumbai Police. The judge noted that the petitioner, who is residing in Villupuram district, apprehends arrest in the case registered on the file of R-2 against him.

Counsel for the petitioner submitted that the allegation against the petitioner was that he made certain remarks during a standup comedy act on the deputy chief minister, in a YouTube video titled Naya Bharat.

According to the prosecution, the remarks harmed the reputation of the deputy CM, though Kamra did not mention anyone by name.

Counsel further submitted that the allegation did not warrant custodial interrogation, and Kamra was unable to seek anticipatory bail in Maharashtra.

Counsel for the petitioner submitted that a life threat was made against him by workers of a political party (the Shinde faction of the Shiv Sena) and more than one state minister. He sought anticipatory bail to enable him to approach the court in Maharashtra.

Citing a judgment of the Supreme Court, the judge said the petitioner prima facie satisfied as to why he was unable to approach a court in Maharashtra immediately. Hence, he directed issuing notice to R2. "In the meanwhile, this court is inclined to grant anticipatory bail till 7 April. He should execute a bond to the satisfaction of Judicial Magistrate, Vanur," the court said.

Twice summoned by Mumbai Police, the 36-year-old stand-up comic's caustic comments apparently targeting Shinde during his latest show in Mumbai, recorded as the aforementioned Naya Bharat video, have landed him in trouble and triggered a huge row.

The controversy stems from Kamra's show at the Habitat Comedy Club in Mumbai's Khar, where he performed a parody song targeting Shinde, without naming him. The act prompted a strong backlash from Shiv Sena supporters, who vandalised the club and the hotel in which it is located on the night of Sunday, 23 March.

Kamra was booked by Khar police on a complaint by Shiv Sena MLA Murji Patel, for allegedly making defamatory remarks against the deputy CM.

In his petition, Kamra submitted that he has been working on and touring with Naya Bharat over the past year. The theme and content include a humorous yet critical take on the Ambani wedding, the impact of Diwali and how it affects people, animals, and birds, and parody songs or "a musical finale that adds an extra layer of humour to the show".

He submitted that he is innocent of the offences levelled against him and that he has been falsely implicated in the case. Although the FIR has been registered in Khar, he is seeking anticipatory bail from Madras HC as he resides within its jurisdiction and "fears imminent arrest at the hands of the 2nd Respondent police if he were to travel to Mumbai and seek regular anticipatory bail there".

"He also fears actual physical bodily harm and threats to his life and personal liberty in the event of his arrest by the 2nd Respondent police, a threat which has been chillingly made in public by political party cadres."

Kamra said he has no political affiliation and has been a vocal supporter of enforcing and protecting the Constitution of India.

On the contentious show that has kicked up the present row, Kamra submitted he performed his new stand-up comedy show Naya Bharat at a venue in Mumbai in February 2025 and it was uploaded on his Youtube channel on the 23rd of that month.

On 23 March, persons claiming to be political activists vandalised the alleged venue of the petitioner's performance in Khar. On the same day, Khar police station also received the information from the complainant, Andheri East MLA Patel.

"It is alleged by the complainant that during the said performance of the petitioner, he defamed the Deputy chief Minister of Maharashtra, Mr Ekhnath Shinde by making slanderous statements on his conduct. The complainant further alleged that the petitioner's performance has damaged the reputation of their party and fostered animosity between the rival political parties.

"It is pertinent to mention here that the disputed songs/poem narrated by the petitioner does not name anyone, leave alone the Deputy Chief Minister of Maharashtra," he claimed.

Kamra contended that from the date of release of this YouTube video, he has been receiving threats of physical harm and even death on various social media platforms, and even on his personal email and mobile phone.

"Such threats and warnings are primarily coming out of the Mumbai area. These are death threats and threats of harm to my life and the lives of my loved ones. The Petitioner submits that he is scared for his life and liberty if he goes to Mumbai on 31.03.2025 (as summoned by Khar police)," he said. He listed out the various statements made by Shiv Sena leaders to buttress his claim on threats.

Petitioner contended "he was innocent and wrongly and baselessly implicated in the said offences". He was ready to cooperate with the officers of the respondent (police) and willing to supply them all the information and material sought by them.

With PTI inputs