Madras High Court Grants Bail To DMK MLA Markandayan Booked For Making 'Threatening' Remarks Against CM Vijay

The Madras High Court has granted bail to Vilathikulam MLA GV Markandayan in a case registered against him for allegedly making derogatory and threatening remarks against CM Joseph Vijay. 

Justice GK Ilanthiraiyan was inclined to grant bail on the condition that Markandayan files an affidavit undertaking that he will not make such remarks against the CM in the future. Markandayan has also been directed to appear before the investigating officer twice daily for a period of two weeks, except on days when the State Legislative Assembly is in session

As per the prosecution, on July 18, Markandayan held a public meeting to express gratitude to the voters on behalf of the political party. During the meeting, he allegedly made highly derogatory, abusive, and threatening remarks against the Chief Minister. It was alleged that he had insulted the Chief Minister and said that the CM would be dealt with inside the Legislative Assembly and would be harmed if certain actions were taken.

Based on a complaint, case was registered against Markandayan for offences under Sections 351(3), 352, and 353(2) of the BNS on July 19.

On July 20, 2026, Markandayan was arrested and remanded to judicial custody till August 3, 2026, by the Magistrate. The Magistrate had expressed satisfaction with the remand report and found prima facie case against Markandayan.

Markandayan had also approached the court challenging the remand order of the Magistrate. It was argued that the offences against him carried a punishment for imprisonment for a term which may extend to 7 years. He argued that as per Section 35(3) of the BNS [Section 41A of CrPC], he should not have been arrested without affording an opportunity to appear.

Markandayan had approached the High Court with the bail petition after the Thoothukudi Magistrate refused to grant him bail. 

When the matter came up for hearing on Monday, Senior Advocate P Wilson, appearing for Markandayan submitted that no offence under Section 351(3) of BNS was made out. He also argued that there was no intention to cause insult and thus Section 352 of BNS would also not be attracted. He argued that a political speech made in a public meeting had been exaggerated to attract criminal liability. 

On the other hand, the State Public Prosecutor John Sathyan argued that Markandayan had committed a serious offence by threatening the CM. He also argued that even after arrest, he had not cooperating with the investigation. The prosecutor also submitted that Markandayan should be prevented from making such remarks in the future. 

Considering the materials, the court was inclined to grant bail. 

Counsel for Petitioner: Mr. P.Wilson for Mr.S.Kasirajan

Counsel for Respondents: Mr.R.John Sathyan State Public Prosecutor Assisted by Mr.Arun Anbumani Government Advocate (Crl. Side)

Case Title: G.V.Markandayan v State

Citation: 2026 LiveLaw (Mad) 362

Case No: CRL OP(MD) 16216/2026