"Heartfelt Regret Expressed": Madras HC Grants Anticipatory Bail To BJP Workers Accused Of Throwing Slippers At Minister PTR's Car

The Madras High Court recently granted anticipatory bail to 3 BJP workers who allegedly waylaid the Car of the State Finance Minister, abused and insulted him, and threw slippers toward his car bearing the national emblem on August 13, 2022.

"what is important is human values, much above the law, above the politics, above the religion etc. It must be maintained by the people like the petitioners, who belong to political party and that too who are political functionaries. This court is of the hope that they will maintain it at any costs," the bench of Justice G. Ilangovan remarked as it accepted the heartfelt regret expressed by the petitioners before the court and granted them the benefit of anticipatory bail.

However, the Court did term the entire incident as very unfortunate as it emphasized that the political ideologies may differ, but, while exercising the democratic right, when the same turn violent and ugly, then causality will not be the political opponent, but the society at large which every political party intends to serve and evolve.

The case in brief

The case of the prosecution is that on August 13, 2022, the body of a Jawan attached to the Indian Army and who was killed in Jammu & Kashmir had arrived at the Madurai Airport and the State Honour was arranged. At that time, the Finance Minister of the State, District Collector and other Government Officials went to the Airport premises.

At that time, the District President of BJP along with 30 others (including the petitioners), assembled in the Airport premises argued they must be given first right to pay homage to the deceased military man.

The Government Officials, who were present at the Airport stated that the first Honour must be given only by the Government as per the protocol and later, they will be permitted. Consequently, they were removed from that place by the police team.

Now, after paying the homage, when the Finance Minister was returning in his Car, at that time, all the accused persons, waylaid the Car of the Finance Minister and abused him in filthy language, tried to cause damage to the car glass and they also criminally intimidated them.

Not only that, they also threw slippers toward the car. Based upon the above-said occurrence, the case was registered for the offences punishable under sections 147, 294(b), 341, 353, 355, 506(2) IPC and Section 2 of Prevention of Insult to National Honour Act, 1971. Seeking anticipatory bail in this matter, the petitioner moved to the High Court.

Before the Court, they argued that there was no intention on the part of the petitioners, either to insult the Finance minister or to insult the National Flag and due to some sort of provocating words were used by the Finance Minister, the tension arose in that place.

Court's Observations 

At the outset, the Court stressed that human value matters much above the law, above politics, however, these things cannot be preached by this Court to the people like the petitioners as they have to maintain it at any cost, in any situation and in any event.

However, considering the fact that the incident was not a pre-planned one, and at the same time, the petitioners had expressed regret for their acts, therefore, the Court took into account the affidavits of regret filed by the petitioners and observed thus:

"When the petitioners come forward with 'heartful' regret, that must be accepted by this court by giving opportunity to correct themselves. No purpose is going to be served by arresting the petitioners and getting regular bail." (sic)

Consequently, the anticipatory bail plea was allowed.

Case title - Gokul Ajith and others v. The State

Case Citation: 2022 LiveLaw (Mad) 389

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