The Madras high court on Monday granted bail to Opposition Dravida Munnetra Kazhagam (DMK) assembly member GV Markandayan in a case registered against him for allegedly making derogatory and threatening remarks against chief minister C Joseph Vijay, on the condition that he will file an affidavit undertaking that he will not make such remarks again.
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Justice GK Ilanthiraiyan directed Markandayan, who represents the Vilathikulam constituency in the Tamil Nadu assembly, to appear before the investigating officer twice daily for two weeks, except on days when the assembly is in session.
Markandayan allegedly made “highly derogatory, abusive, and threatening remarks” against Vijay at a DMK meeting to express gratitude to voters on July 18. The prosecution alleged that he had insulted Vijay and said that the chief minister will be “dealt with” inside the legislative assembly, that his “bones will be broken” and he will be harmed if certain actions were taken.
Markandayan was booked on July 19 under Bharatiya Nyaya Sanhita (BNS) Sections 351(3), 352, and 353(2) related to criminal intimidation, intentional insults, and promoting enmity, hatred, or ill will, on a ruling Tamilaga Vettri Kazhagam functionary’s complaint. Markandayan was arrested on July 20, and remanded to judicial custody until August 3.
Markandayan also challenged a magistrate’s remand order, arguing that the offences against him carried a punishment of imprisonment for up to seven years. He argued that as per Section 35(3) of the BNS, he should not have been arrested without an opportunity to appear for probe.
Markandayan approached the high court after the magistrate refused to grant him bail last week.
Senior counsel P Wilson, who appeared for Markandayan in the high court, argued that the magistrate failed to appreciate the principles the Supreme Court had laid down in arrests in cases involving a maximum punishment of seven years of imprisonment
Public prosecutor John Sathyan said the state will not object to Markandayan’s bail, but he should be prevented from making such remarks in the future. Justice Ilanthiraiyan recorded the submissions and allowed Markandayan’s bail plea.
