Madras HC Grants Urgent Hearing for Udhayanidhi Stalin's Anticipatory Bail Plea

The Madras High Court on Tuesday agreed to hold an urgent hearing on an anticipatory bail petition to be moved by Leader of the Opposition (LoP) Udhayanidhi Stalin in connection with a case registered against him over alleged remarks made during a public speech in Thanjavur on Monday.

Justice G.K. Ilanthiraiyan accepted a request from senior counsel Hasan Mohammed Jinnah for a lunch motion and directed the High Court Registry to list the advance bail petition for hearing in the afternoon session. The counsel informed the court that the Thanjavur police had registered a case against the LoP.

Mr. Jinnah also urged the court to direct the police not to arrest his client until the bail plea was considered. The judge orally advised the government counsel to issue suitable instructions to the police until the court could examine the matter.

The judge said he wished to know the details of the First Information Report (FIR), the charges levelled by the complainant, and the legal provisions invoked against the LoP before deciding on the anticipatory bail plea. He added that if the petition was filed and numbered by then, it would be taken up even before lunch.

The case against Mr. Udhayanidhi stems from his speech during a demonstration in Thanjavur against the Tamilaga Vettri Kazhagam-led State government's handling of the Cauvery issue. While criticising Chief Minister C. Joseph Vijay, he allegedly made remarks that were deemed offensive, following chants from the audience that named a film actor.

A complaint was subsequently lodged with the police, and a separate complaint was filed with the National Commission for Women. The anticipatory bail plea was mentioned before the High Court for an urgent hearing, given the possibility of arrest ahead of the budget session of the Legislative Assembly, which is scheduled to commence on Wednesday.

Anticipatory bail, provided under Section 438 of the Code of Criminal Procedure, allows a person to seek pre-arrest bail in anticipation of arrest. The court's decision to grant such relief is based on the facts of the case and the nature of the allegations. The High Court's willingness to hear the matter on an urgent basis reflects the significance of the case, given the stature of the petitioner as the Leader of the Opposition.

The development comes amid heightened political tensions in Tamil Nadu, with the opposition accusing the ruling party of using legal measures to silence dissent. However, the court has not yet made any observations on the merits of the case. The hearing is expected to focus on the procedural aspects, including whether the allegations warrant the denial of anticipatory bail.

Legal experts point out that while courts typically grant anticipatory bail in cases where the allegations are not severe or where the accused is not likely to flee, the nature of the remarks and the public interest involved could influence the judge's decision. The outcome of the hearing will be closely watched as it could set a precedent for similar cases involving political figures.