Madras HC orders Udhayanidhi Stalin's release on station bail after police assurance

The Madras High Court on Tuesday ordered the release of Leader of the Opposition (LoP) Udhayanidhi Stalin on station bail, hours after his arrest by the Thanjavur police. Advocate General Vijay Narayan informed Justice G.K. Ilanthiraiyan that the police did not intend to seek judicial custody for Mr. Stalin, and that he would be released on station bail after being questioned in connection with an alleged objectionable remark made during a public speech in Thanjavur on Monday.

Recording the submission, the judge disposed of the anticipatory bail petition filed by Mr. Stalin. The court directed the police to release him on station bail by the end of the day. It also instructed the petitioner to cooperate with the investigation and appear before the investigating officer whenever summoned.

Mr. Stalin was arrested from his residence in Chennai by the Thanjavur Town East police. The arrest came following the registration of a First Information Report (FIR) on Monday on a complaint lodged by Bairavi Sankar, an office-bearer of the women's wing of the ruling Tamilaga Vettri Kazhagam (TVK).

According to the complainant, Mr. Stalin had made a highly derogatory and lewd remark against Tamil Nadu Chief Minister C. Joseph Vijay and a film actor during a public speech delivered after a demonstration organised by the Dravida Munnetra Kazhagam (DMK) in connection with the Cauvery water issue in Thanjavur.

Based on the complaint, the police registered the FIR under several provisions of the Bharatiya Nyaya Sanhita (BNS), including Section 61 (criminal conspiracy), Section 79 (word, gesture or act intended to insult the modesty of a woman), Section 192 (wantonly giving provocation with intent to cause riot), Section 196 (promoting enmity between different groups), Section 296b (uttering obscene words in a public place), Section 351(2) (criminal intimidation) and Section 352 (intentional insult with intent to provoke breach of peace). The police also invoked Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act and Section 67 of the Information Technology Act, 2000, as the complainant claimed that a video clip of the speech had been shared by the DMK IT wing on social media. The FIR named office-bearers of the DMK IT wing as well.

In his anticipatory bail plea, Mr. Stalin denied having made any derogatory or indecent statement against any person, or using any word or gesture intended to insult the modesty of a woman. He claimed that his speech had been given an out-of-context interpretation for political purposes.

Mr. Stalin, a senior DMK leader, serves as the Leader of the Opposition in the Tamil Nadu Legislative Assembly. His arrest and subsequent release on station bail mark the latest development in the ongoing political friction between the ruling TVK and the opposition DMK. Station bail is an interim measure typically granted at the police station when an accused is not required for further custodial interrogation. In this case, the High Court's intervention ensured that Mr. Stalin was not taken to a magistrate for remand, allowing his release within hours of the arrest.

The court's order does not end the legal process. The investigation into the complaint will continue, and Mr. Stalin remains obliged to cooperate with the authorities. He is expected to appear before the investigating officer as and when notified. Further legal proceedings will depend on the findings of the police investigation.