MHC dismisses DMK MLA Anitha R Radhakrishnan’s anticipatory bail plea

CHENNAI : The Madras High Court on Friday (July 3) dismissed the anticipatory bail plea filed by former Minister and sitting Dravida Munnetra Kazhagam (DMK) MLA Anitha R Radhakrishnan, representing the Tiruchendur constituency, in a case registered over his alleged remarks against Chief Minister C Joseph Vijay. The court orally observed that, as a member of the Legislative Assembly, he should have exercised restraint and shown respect to the office of the Chief Minister.

Justice GK Ilanthiraiyan orally observed that Radhakrishnan, being a member of the Legislative Assembly, should not have made such remarks and must show respect to the Chief Minister, irrespective of who holds the office.

The court also noted that Tamil Nadu has elected leaders from the film industry since 1967 and that they were chosen by the people. In that context, the judge observed that Radhakrishnan’s remarks about the Chief Minister’s film background were unwarranted, particularly since he is an MLA.

According to the prosecution, while addressing a public meeting on June 20, Radhakrishnan allegedly made remarks against the Chief Minister, stating that his conduct in the Assembly was like that of a person who felt trapped. He also referred to the Chief Minister’s life in the film industry before entering politics. Based on a complaint, the police registered a case against him under Sections 352 and 353(2) of the Bharatiya Nyaya Sanhita (BNS). Apprehending arrest, Radhakrishnan approached the court seeking anticipatory bail.

Senior Advocate N.R. Elango, appearing for Radhakrishnan, argued that the speech was not intended to disturb public peace or incite enmity, hatred or ill will. He contended that the remarks, at best, amounted to defamation, for which the law provides a separate procedure, and therefore the present case was not maintainable.

The State opposed the plea, arguing that Radhakrishnan had shown no remorse for his remarks and that the statements were directed against the office of the Chief Minister. It submitted that permitting such conduct would set a wrong precedent.

After hearing both sides, the court dismissed the anticipatory bail plea.