The Madras High Court on Monday, 3 August granted bail to Dravida Munnetra Kazhagam (DMK) legislator G.V. Markandayan, the Vilathikulam MLA arrested over an alleged public threat that DMK legislators would 'break the bones' of Tamil Nadu Chief Minister C. Joseph Vijay inside the state Assembly. The order came from Justice G.K. Ilanthiraiyan, who allowed the regular bail petition subject to strict conditions.

Key Conditions of Bail

Justice Ilanthiraiyan directed Markandayan to file an affidavit before the jurisdictional magistrate in Thoothukudi, undertaking that he would not make similar remarks against the Chief Minister in future. He was also ordered to appear before the investigating officer twice daily, except on days when the Tamil Nadu Assembly Budget session — scheduled to begin on 5 August — requires his presence.

What Was Said in Court

Senior counsel P. Wilson, appearing for the MLA, argued that the remarks were part of a political speech and did not justify arrest or continued detention. State Public Prosecutor R. John Sathyan told the court that bail could be considered if the legislator expressed remorse, and sought a formal affidavit of undertaking from Markandayan to the satisfaction of the magistrate.

Background: The Arrest and Prior Bail Denials

The case originates from a DMK public meeting held on 18 July near the Kovilpatti Krishnan temple. A complaint was lodged by S. Balasubramanian on 19 July, alleging that Markandayan threatened that DMK legislators would 'break the bones of the Chief Minister inside the Legislative Assembly.' The Thoothukudi District Crime Branch registered the case and placed the MLA under judicial remand on 20 July.

Markandayan was booked under Sections 351(3), 352, and 353(2) of the Bharatiya Nyaya Sanhita, covering criminal intimidation, intentional insult intended to provoke a breach of peace, and statements conducing to public mischief. A sessions court in Thoothukudi rejected his bail application last week, citing the seriousness of the alleged statements, prompting him to approach the High Court. Justice Ilanthiraiyan had reserved orders on an earlier petition challenging the judicial remand on 28 July.

Political and Legal Significance

The case is notable for its political dimension: the alleged threat was directed at Chief Minister Vijay — a relatively new entrant to Tamil Nadu's political landscape — by a legislator from the principal opposition party. Critics argue that prosecuting political speech under criminal intimidation provisions raises questions about the limits of legislative privilege and free expression. Notably, this is not the first time remarks made at party rallies in Tamil Nadu have led to criminal action against sitting legislators. The High Court's insistence on an undertaking and twice-daily reporting signals judicial caution about recurrence, even while granting relief.