Madras HC Reserves Order On Actress Kasthuri's Anticipatory Bail Plea In Connection With Alleged Controversial Remarks On Telugu Community

Speaking at a Brahmin meet in Chennai on November 3^rd, the South Indian actress had 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.

On Tuesday, when her anticipatory bail plea was taken up for hearing, Justice Anand Venkatesh remarked that the comments were completely unwarranted and that Kasthuri should have refrained from speaking against the women of the Telugu community. The judge added 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.

“Telugu speaking people can never be said to have come to Tamil Nadu. They were always residing here from the days of Madras presidency and are a part and parcel of this land. But today, many are busy bringing about fissiparous tendency. You first throw mud and then realise it and seek apology,” the judge orally commented.

To this, Senior Advocate AK Shriram, appearing for Kasthuri submitted that her remarks were not against the women of the Telugu community but a general statement based on facts. He submitted that Kasthuri, in her statements, had said that the people of Telugu community had come to serve the consorts of the king. He added that there was no imputation on the character or morality of the Telugu women. Shriram also argued that the question of service was made in a factual manner and not in a derogatory manner to attract the provisions of law. He thus argued that the complaints made against Kasthuri itself was based on a wrong understanding of the statement.

Additional Public Prosecutor Baskaran, on the other hand, opposed the plea and submitted that Kasthuri had made the statements with a malicious intent. He submitted that even though the meeting was of a particular community, it was attended by many other political figures whose common intention was to degrade a particular community. 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.

In her plea, Kasthuri said 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.

Case Title: Kasthuri v The State

Case No: Crl OP (MD) 19526