[ High Court of Judicature at Madras ]

Madras HC Grants Bail to Vilathukulam MLA Arrested Over Speech Threatening Tamil Nadu Chief Minister

Justice G.K. Ilanthiraiyan granted bail to sitting MLA G.V. Markandayan, arrested for alleged criminal threats against the Tamil Nadu Chief Minister in a public meeting speech at Kovilpatti.

Manaswi Singh — 4 August 2026 — 5 min read

The Madurai Bench of the High Court of Judicature at Madras granted bail on 3 August 2026 to G.V. Markandayan, the sitting Member of Legislative Assembly for Vilathukulam Constituency, Thoothukudi District. Markandayan had been arrested on 20 July 2026 and remanded to judicial custody for offences under Sections 351(3), 352, and 353(2) of the Bharatiya Nyaya Sanhita, 2023, following a speech he allegedly delivered at a public meeting in Kovilpatti on 18 July 2026. Justice G.K. Ilanthiraiyan, sitting singly, found the case suitable for bail while attaching several conditions, including a direction that the petitioner file an affidavit undertaking not to make any speech against the Chief Minister of Tamil Nadu in the future.

The Arrest and the Prosecution Case

On 19 July 2026 at around 10 p.m., T. Shanmugasundaram, Special Sub Inspector of Police, District Crime Branch-I, Thoothukudi, received a petition as per instructions issued in C.No.107/Camp/SP.TUT/2026 dated 19 July 2026 from the Office of the Superintendent of Police, Thoothukudi District. The petition was submitted by S. Balasubramanian, who identified himself as the District Secretary, Thoothukudi North District, Kovilpatti.

According to the complaint, a public meeting was held near Krishnan Temple, Kovilpatti, on 18 July 2026 at about 9 p.m. to express gratitude to voters on behalf of the political party. During this meeting, Markandayan allegedly made highly derogatory, abusive, and threatening remarks against the Chief Minister of Tamil Nadu, including statements to the effect that the Chief Minister would be dealt with inside the Legislative Assembly and physically harmed if certain actions were taken.

The complainant further stated that the speech was widely circulated on the internet, creating tension between members of different political parties and giving rise to a likelihood of public unrest, disturbance of public peace, and possible clashes between groups. Based on the complaint, Crime No.16 of 2026 was registered, and the petitioner was remanded to judicial custody on 20 July 2026.

Arguments Before the Court

Mr. P. Wilson, appearing for Mr. S. Kasirajan as Senior Counsel for the petitioner, contended that even on the prosecution's own case, no offence was made out under Section 351(3) of the BNS. For Section 352, he argued, there must be intentional insult with intent to provoke breach of peace, and no such element was present here. The entire case, he submitted, rested on a political speech that had been misconstrued and exaggerated with mala fide intention to attract criminal liability. The complaint, he said, did not disclose any specific, direct, or imminent threat sufficient to attract the ingredients of criminal intimidation under Section 351 of the BNS.

Mr. R. John Sathyan, State Public Prosecutor, assisted by Mr. Arun Anbumani, Government Advocate (Criminal Side), opposed bail. He submitted that the video footage demonstrated the petitioner had committed a serious offence by issuing a threat to the Chief Minister of Tamil Nadu, and that even after arrest the petitioner had not co-operated with the investigation.

How the Court Reasoned

Justice Ilanthiraiyan, after considering the facts, circumstances, and the nature of the allegations, held that the case was one where bail could be granted subject to conditions. The order does not record a detailed analysis of each BNS provision but reflects the court's view that the allegations, as framed, did not warrant continued custody at this stage.

One condition stands out: the petitioner was directed to file an affidavit of undertaking before Judicial Magistrate No. I, Thoothukudi, stating that he would not indulge in any speech in future against the Chief Minister of Tamil Nadu. This condition goes beyond the standard bail framework and directly addresses the conduct that gave rise to the prosecution.

The court also incorporated the principle that if the petitioner breached any bail condition, the learned Magistrate or Trial Court would be entitled to take appropriate action as if the conditions had been imposed and bail granted by that court itself, as “laid down by the Hon’ble Supreme Court in P.K.Shaji vs. State of Kerala” [(2005) AIR SCW 5560]. An additional condition stipulated that if the accused thereafter absconded, a fresh FIR could be registered under Section 229A IPC.

The court also carved out a practical exemption for the petitioner’s legislative duties: on days when the Tamil Nadu Legislative Assembly is in session, he is exempted from appearing before the respondent police.

Bail Conditions

The petitioner is to be released on bail upon executing a bond for Rs. 25,000 with two sureties, each for a like sum, to the satisfaction of Judicial Magistrate No. I, Thoothukudi. The full set of conditions imposed by the court is as follows:

Sureties must affix their photographs and left thumb impressions in the surety bond; the Magistrate may obtain a copy of their Aadhaar card or bank passbook to verify identity.
The petitioner must report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required, with an exemption on days when the Tamil Nadu Legislative Assembly is in session.
The petitioner shall not abscond either during investigation or trial.
The petitioner shall not tamper with evidence or witnesses either during investigation or trial.
On breach of any condition, the Magistrate or Trial Court may take appropriate action in accordance with law, as laid down in P.K. Shaji v. State of Kerala [(2005) AIR SCW 5560].
If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
The petitioner shall file an affidavit of undertaking before Judicial Magistrate No. I, Thoothukudi, stating that he will not indulge in any speech in future against the Chief Minister of Tamil Nadu.

Order

CRL OP(MD) No. 16216 of 2026 was allowed. G.V. Markandayan, MLA, Vilathukulam Constituency, is directed to be released on bail upon fulfilling the bond and surety conditions and complying with all conditions set out by Justice G.K. Ilanthiraiyan. The order was pronounced on 3 August 2026.