In a criminal original petition filed before the Madras High Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) by Udhayanidhi Stalin, Leader of Opposition in the Tamil Nadu Legislative Assembly, seeking anticipatory bail regarding a First Information Report (FIR) registered for commission of offence under Sections 196, 192, 352, 79, 296(b), 61, and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 4 of the Tamil Nadu Prohibition of Harassment of Women (Amendment) Act, 2002, as well as Section 67 of the Information Technology Act, a Single Judge Bench of Justice G.K. Ilanthiraiyan granted bail to the petitioner.
The petitioner led a demonstration on 03-08-2026 regarding the Cauvery water dispute between Tamil Nadu and Karnataka. In his address, he stated that the Tamil Nadu CM had not spoken about the Cauvery water issue, but had only focused on false cases against the members of the petitioner’s political party. The petitioner also made certain obscene remarks against an actress by linking her with the CM’s name, which led to the registration of the FIR.
The State informed the Court that after the registration of the FIR, the petitioner had already been arrested in Chennai and was taken to the police station for interrogation. It was also submitted that the petitioner would be released after he was questioned.
The Court stated that an anticipatory bail is not maintainable if the petitioner had been arrested. However, it was said that the Court has the power to grant bail in the anticipatory bail petition itself.
Thus, the Court directed the release of the petitioner on the same day after questioning, while also directing the petitioner to cooperate in the investigation as and when required.
