CHENNAI: The Madras High Court on Monday granted bail to DMK MLA GV Markandayan, who was arrested over alleged derogatory and intimidatory remarks against Tamil Nadu Chief Minister and Tamilaga Vettri Kazhagam (TVK) president C. Joseph Vijay.
Justice G.K. Ilanthiraiyan granted the relief while allowing the MLA's bail petition, subject to the condition that he file an undertaking before the jurisdictional judicial magistrate stating that he would not indulge in such acts in future. The court also directed him to report to the District Crime Branch (DCB) police in Thoothukudi daily for two weeks.
However, the judge exempted the MLA, who represents the Vilathikulam Assembly constituency, from reporting to the police during the forthcoming Assembly session.
The High Court granted regular bail after the Principal District and Sessions Judge, Thoothukudi, had dismissed his bail plea on Thursday.
Earlier, Markandayan had filed a petition seeking to quash the remand order passed by the jurisdictional judicial magistrate and had also sought bail. The High Court had reserved its orders on that petition. Meanwhile, he filed a separate regular bail petition.
Markandayan was arrested by the Thoothukudi District Crime Branch police on July 20 after an FIR was registered under Sections 351(3), 352 and 353(2) of the Bharatiya Nyaya Sanhita (BNS), relating to criminal intimidation, intentional insult likely to provoke a breach of the peace, and statements allegedly promoting enmity between communities or castes. The case was registered following a complaint over alleged derogatory and threatening remarks made against the Chief Minister and C. Joseph Vijay at a public meeting on July 18. The jurisdictional judicial magistrate remanded him to judicial custody until August 3.
Senior counsel P. Wilson, appearing for the MLA, submitted that the speech was delivered at a public meeting and was not intentional. He further argued that it was protected under Article 19(1)(a) of the Constitution, which guarantees the right to freedom of speech and expression.
State Public Prosecutor R. John Sathyan, appearing for the police, urged the court to direct the petitioner to give an undertaking that he would refrain from making such alleged intimidatory remarks against the Chief Minister in future.