Vilathikulam MLA Markandayan moves Madras High Court to quash court order of remand

Vilathikulam DMK MLA GV Markandayan speaking to the media at Thoothukudi Government Medical College Hospital where he was brought for medical examination after his arrest on July 20, 2026 | Photo credit: N. Rajesh

The Madras High Court (July 23, 2026) agreed to take up for urgent hearing on Thursday (July 23, 2026) a petition filed by Vilathikulam DMK MLA GV Markandayan, who was arrested for allegedly saying that his party legislators would “break the bones” of the Chief Minister in the Legislative Assembly C. Josephis Vijay

Justice GK Ilanthiraiyan granted the motion for lunch after an oral mention by the lawyer of the arrested MLA for early hearing of his plea to quash the remand order issued by the Thoothukudi Magistrate on July 20, 2026 and subsequently release the lawmaker on bail.

In his petition, the MLA contended that the order of remand can be set aside as it was passed without considering whether the arrest was necessary in the case, without resorting to other measures such as summoning him for inquiry by issuing a notice under Section 41A of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

The petitioner alleged that the Thoothukudi District Crime Branch (DCB) police did not present to the judge the reasons why they concluded that the MLA’s arrest was absolutely necessary, even though the provisions under which he was charged would have carried a maximum sentence of only seven years’ imprisonment.

“Against the principles of the Supreme Court”

The arrested MLA also argued that his remand was against the principles laid down by the Supreme Court in Arnesh Kumar v. State of Bihar (2014) and Satendra Kumar Antil v. Central Bureau of Investigation (2022), which held that suspects in criminal cases carrying a maximum jail term of up to seven years must be issued notices of inquiry.

The court was also informed that the DCB had registered a First Information Report (FIR) against the MLA on the basis of a complaint lodged by an individual named S. Balasubramanian on 19 July 2026. The complainant was aggrieved by a public speech delivered by the MLA during a meeting organized by the DMK near the Kovilpatti temple168 on 20 July.

The complainant accused the MLA of threatening that his party’s legislators would “break the bones of the chief minister in the legislature”. Therefore, an FIR was registered under Sections 351(3) (criminal intimidation), 352 (intentional insult with intent to provoke breach of peace) and 353(2) (statements leading to public mischief) of the Bharatiya Nyaya Sanhita (BNS).

The MLA was arrested and remanded in judicial custody on 20 July 2026. The magistrate ordered his remand till 3 August 2026 after considering the gravity of the public speech he had made and also the law laid down by the Supreme Court in the Arnesh Kumar case.

Published – 23 Jul 2026 13:07 IST