CHENNAI: The Madras High Court on Thursday directed the police to file counter-affidavit to the bail application filed by Vilathikulam DMK MLA G V Markandayan who was arrested by the Thoothukudi police for allegedly making derogatory and threatening comments against Chief Minister C Joseph Vijay.
The MLA filed the bail petition in the high court after a similar plea was dismissed by the Thoothukudi court.
Markandayan was arrested on July 20 by the Thoothukudi district crime branch police after registering an FIR under sections 351 (3), 352 and 353 (2) of BNS for criminal intimidation, intentional insult to break public peace and making false information causing enmity between community or castes, following a complaint on the alleged derogatory comments made at a public meeting on July 18. The jurisdictional judicial magistrate court remanded him in custody till August 3.
Senior counsel P Wilson, representing the petitioner, submitted that the due procedures, including serving prior notice, were not followed before the arresting the MLA and the police violated Supreme Court guidelines. Wilson stated that the magistrate had issued the remand order in a mechanical manner, and pressed for enlarging the MLA on bail as his fundamental right of liberty has been curtailed.
After State Public Prosecutor R John Sathyan sought time to file the counter-affidavit, Justice G K Ilanthiraiyan adjourned the hearing to July 27, directing the police to file the counter-affidavit by then.