Chennai , 23 July (H.S.):The Madras High Court on Thursday agreed to urgently hear a petition filed by Vilathikulam DMK MLA G.V. Markandayan challenging the legality of his judicial remand following his arrest over alleged remarks against Tamil Nadu Chief Minister C. Joseph Vijay.

Justice G.K. Ilanthiraiyan permitted the matter to be taken up as a lunch-motion hearing after the legislator’s counsel sought urgent intervention. The petition seeks to quash the remand order passed by a judicial magistrate in Thoothukudi on July 20 and secure the MLA’s release on bail.

Markandayan was arrested by the Thoothukudi District Crime Branch after a complaint alleged that, during a public meeting in Kovilpatti on July 18, he said that DMK legislators would break the bones of the Chief Minister inside the Legislative Assembly. He has remained in judicial custody since July 20 and has been remanded till August 3.

In his petition, the MLA argued that his arrest violated the safeguards provided under the Bharatiya Nagarik Suraksha Sanhita (BNSS). He contended that the police failed to explain why his arrest was necessary instead of issuing a notice under Section 41A of the BNSS, which permits the police to summon an accused for questioning in cases where arrest is not immediately warranted.

The plea further stated that the offences invoked against him carry a maximum punishment of seven years and therefore did not automatically justify custodial arrest. It also claimed that the investigating agency failed to place sufficient material before the magistrate to establish the necessity of arrest before seeking judicial remand.

Markandayan relied on the Supreme Court judgments in Arnesh Kumar vs State of Bihar (2014) and Satender Kumar Antil vs Central Bureau of Investigation (2022), which emphasise that arrests in offences punishable with up to seven years should ordinarily be avoided unless justified by compelling reasons.

The criminal case arose from a complaint filed by S. Balasubramanian over the MLA's speech at a DMK public meeting near the Krishnan Temple in Kovilpatti on July 18. Based on the complaint, the police registered an FIR under Sections 351(3), 352 and 353(2) of the Bharatiya Nyaya Sanhita relating to criminal intimidation, intentional insult and statements alleged to be capable of disturbing public order.

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Hindusthan Samachar / Arun Lakshman