Madras High Court Grants Anticipatory Bail To Former MLA After He Publicly Apologises For Remarks Against CM Stalin, Minister Udayanidhi

Justice G Jayachandran observed that considering the public apology and the fact that Kumaraguru had immediately shown regret for his speeches, anticipatory bail could be granted.

Kumaraguru had approached the High Court seeking anticipatory bail after a case was registered against him for allegedly making defamatory and derogatory statements against the Chief Minister and the Youth Welfare Minister in a public meeting held on September 19, 2023.

A case was registered against Kumaraguru by the Kallakurichi police, following a complaint made by DMK's South Union Secretary in Kallakurichi C. Venkatachalam. The complaint was registered for offences under Section 153, 249b and 504 of the IPC.

The court had previously asked Kumaraguru whether he is willing to convene a public meeting and apologize to Chief Minister Stalin and Minister Udayanidhi Stalin. The court had observed that after having made objectionable utterances in public, it was not proportionate to secretly communicate regret through Twitter and WhatsApp. The court was thus of the opinion that Kumaraguru should convene a public meeting in the same place where he had made objectionable utterances and tender apology.

Following this, Kumaraguru had convened a public meeting where he apologized for the speeches.

Citation: 2023 LiveLaw (Mad) 313

Case Title: R Kumaraguru, Ex MLA v State

Case No: Crl OP 22927 of 2023