Madras High Court Denies Anticipatory Bail To Actress Kasthuri For Alleged 'Controversial Remarks' About Telugu Community

A single bench of Justice Anand Venkatesh, on Thursday dismissed the anticipatory bail plea filed by the actress.

Speaking at a Brahmin meet in Chennai on November 3^rd, the South Indian actress had purportedly made comments against the Telugu community suggesting that the Telugu people, who had come to serve the courtesans of the Tamil Kings were now claiming to be of Tamil race. After widespread backlash, Kasthuri issued an apology stating that her comments were specific to some individuals and not against the Telugu community.

Kasthuri had moved the court apprehending arrest based on a complaint filed by the Naidu Mahajana Sangam State Executive Committee member. Based on the complaint, the Thirunagar Police had registered a complaint for alleged offences under Section 196(1)(a), 197(1)(c), 296(b), 352, and 353(3) of BNS along with Section 67 of the IT Act.

While hearing the anticipatory bail plea on Tuesday, the court had orally remarked that the comments were completely unwarranted and that Kasthuri should have refrained from speaking against the women of the Telugu community. The court had said that Kasthuri, who claimed to be a political commentator should not have made such comments even in the heat of the moment. The judge added that Kasthuri's apology does not address the comments made against the women.

In her plea, Kasthuri stated that the defacto complaint was filed upon instigation by the ruling party and that this intolerant and vindictive attitude of the State administration was highly atrocious. Kasthuri also pointed out that no riot or provocation had happened among any members of the society in light of the speech and contrarily, she had been receiving great support from the different quarters of the Telugu people across the state of Tamil Nadu, Andhra Pradesh and Telangana.

When the court asked how she could make such comments against the women of Telugu-community, Kasthuri clarified that the remarks were not against the women of the Telugu community but a general statement based on facts. It was submitted that there was no imputation on the character or morality of the Telugu women. It was also argued that the comments were made in a factual manner and not in a derogatory manner to attract the provisions of law. It was thus argued that the complaints made against Kasthuri itself was based on a wrong understanding of the statement.

Opposing the bail, the Additional Public Prosecutor argued that the comments were made with a malicious intent. He also submitted that when the state of Tamil Nadu was already having tumultuous relationship with the neighbouring states of Kerala and Karnataka, if such speech is allowed, it would affect the harmony of the State with the remaining neighbouring states also. Baskaran also argued that the offences were made out and since a custodial interrogation was necessary, anticipatory bail should not be granted.

Citation: 2024 LiveLaw (Mad) 443

Case Title: Kasthuri v The State

Case No: Crl OP (MD) 19526