Chennai, Aug 3 The Madras High Court on Monday granted conditional bail to DMK MLA G V Markandayan, who was arrested for allegedly making derogatory, abusive and threatening remarks against Tamil Nadu Chief Minister C Joseph Vijay.
Justice G K Ilanthiraiyan granted bail to Markandayan on the condition that he should appear before the Tuticorin police every day for two weeks, except on Assembly days. He should give an undertaking before the Judicial Magistrate that he will not make such a statement in future.
In his petition, Markandayan challenged the remand order passed by the Judicial Magistrate-I in Tuticorin and sought bail.
Markandayan submitted that based on a complaint by S Balasubramanian, the Tuticorin Crime branch police registered a case against him and arrested him on July 20.
He said the offences with which he was charged were punishable with imprisonment for a term which may extend to seven years. However, the police, without issuing a notice under section 35 (3) of the BNS, have arrested him without giving him an opportunity to appear, he added.
The MLA said as per the Supreme Court guidelines, the police was bound to issue notice under section 35 (3) of the BNS (Section 41 A of Cr.P.C). The Supreme Court has further cautioned that non-compliance with the mandate of section 41 and 41 A of Cr.P.C would render such arrest unlawful and would amount to abuse of process of law, he added.
