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In view of his public apology, court also recommended the Government to withdraw the complaint against Kumaraguru
The Madras High Court has allowed AIADMK's former MLA R. Kumaraguru anticipatory bail in a case registered against him for using offensive language against Chief Minister M.K. Stalin and Sports Minister Udhayanidhi Stalin during an event on September 19, 2023.
The single judge bench of Justice G. Jayachandran granted the relief to Kumaraguru in view of his submission that he had convened a public meeting on October 10 and tendered an apology for his comments which was widely reported in the media also.
Earlier, the court had asked him to decide by October 11 whether he would hold a public meeting at Mandaveli in the Kallakurichi district, the same location where he had made his previous speech, to tender an apology publicly.
The court had then held that the FIR showed that he had made an objectionable utterance in a public meeting and a secret communication on Twitter and WhatsApp would not be a proportionate act of regret.
The court had observed so after the counsel of Kumaraguru had submitted that after realising that unparliamentary expression had been used while referring the Chief Minister and his son, who is also a Minister in Cabinet, Kumaraguru had conveyed his regret through Twitter and WhatsApp to them.
On the basis of a complaint by Advocate C. Venkatachalam who is DMK’s Kallakurichi South union secretary, a case had been registered against Kumaragur for making defamatory and derogatory statements in a public meeting against the Chief Minister and Minister for Youth Welfare and Sports Development under Sections 153 (wantonly giving provocation with intent to cause riot), 294b (uttering obscene words) and 504 (intentional insult with intent to provoke breach of peace) of Indian Penal Code.
Apprehending arrest, the former MLA sought anticipatory bail from the High Court.
While granting pre-arrest bail to Kumaraugru, the high court also recommended the Government to withdraw the complaint against him as he had realised his mistake and tendered an apology.
Case Title: R.KUMARAGURU, EX MLA VS. STATE
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