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Synopsis

The Madras High Court on March 28, 2025, granted interim anticipatory bail to comedian Kunal Kamra who sought transit anticipatory bail in the FIR lodged against him over alleged remarks about Maharashtra Deputy Chief Minister Eknath Shinde during a recent performance.

The bench of Justice Sunder Mohan passed the order on Kamra's plea moved late on Thursday night.

His lawyer, V. Suresh, sought an urgent hearing before Justice Mohan today, who scheduled it at the end of the board.

During the hearing, Kamra’s counsel argued that the comedian did not name anyone in his performance and was now facing serious threats. The court was informed that a state minister had issued an open threat against Kamra and that he had received more than 500 threatening calls. Additionally, it was submitted that the hotel where Kamra was staying had been vandalized.

Kamra maintained that his statements were based on information already in the public domain and that he firmly believed in the Constitution.

In his plea, Kamra insisted that he was innocent and argued that the complaint was "frivolous," meant to "harass, intimidate," and "censor an artist" for simply "exercising his fundamental right to free speech".

The state opposed Kamra’s bail plea on technical grounds. However, the court noted that Kamra had prima facie established that he was unable to approach Maharashtra courts due to the threats he was receiving. The bench observed that the comedian was facing serious security concerns over his alleged comments against state ministers, which prevented him from seeking legal recourse in Maharashtra.

Granting interim relief, the court issued a notice to the second respondent, returnable by April 7. Until then, Kamra has been granted bail on the condition that he does not make any further incriminating statements.

The controversy arose from a performance Kamra recorded in January 2025, which was later uploaded to YouTube in March. His remarks of 'Gaddar', though not directly naming Deputy Chief Minister Eknath Shinde, were perceived as offensive by Shinde's supporters, sparking outrage.

In response, members of the Shiv Sena faction led by Shinde allegedly vandalized the Habitat comedy club, where the show was filmed. Police arrested twelve individuals for the act, all of whom were later granted bail. Meanwhile, Shiv Sena MLA Murji Patel filed an FIR against Kamra, invoking multiple sections of the Bharatiya Nyaya Sanhita, including those related to public mischief and defamation.

Case Title: Kunal Kamra vs. The State (CRL OP.9768/2025)