No useful purpose will be served by conducting a trial against the petitioner and further continuation of the investigation as against this petitioner and making the petitioner to face the case would also turn out oppressive

by Sekar Reporter · July 23, 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-07-2026
CORAM
THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
CRL OP No. 29214 of 2018 and
Crl.M.P.No. 17111 of 2018
S.Kumaradevan
S/o.D.Subramanian,
255, Angappan Street, 2nd Floor, Chennai – 600 001.
..Petitioner(s)
Vs
The Inspector Of Police,
Pulianthope Police Station, Chennai City.
Cr.No.1926 Of 2017
..Respondent(s)
Prayer: Criminal Original petition filed under Section 482 of Cr.P.C., to call for the records and quash the case against the petitioner in Cr.No.1926 of 2017 on the file of the 1st respondent.
For Petitioner(s): Mr.S.Sankar for Mr.M.Prithiv Kannan
For Respondent(s): Mr.R.Rajasekaran
Government Counsel (Crl. Side)
ORDER
The prayer in the Criminal Original Petition is to quash the FIR in Crime
No.1926 of 2017.
2. The petitioner is arrayed as 7th accused in the instant case. The case is registered for the alleged offences under Sections 153, 153(1)(a)&(b), 504,
505(1)(b)(c), 505(2) of IPC r/w. Section 2(o) and 13(1)(b) of the Unlawful Activities (Prevention) Act 1967. As far as the allegation as against the present petitioner is concerned, there was a public meeting which was organised by all the accused on 19.12.2016 on behalf of the Indian National League Party and, this petitioner, who said to be the Advocate of one of the person and belonging to an organization namely, Dravidar Kazhagam spoken as follows and the entire speech is extracted here under for ready reference:-
“Fkhh; njtd; (jp/f/ ghghtpd; tHf;fpw”h;)
,!;yhkpa bgz;fs; ghjpf;fg;gLfpwhh;fs; vd;W Fuy; bfhLf;Fk; ,!;yhkpa ez;gh;fisg; ghh;j;J ,e;Jg; bgz;fSf;Fk; ghjpg;g[ tUk;nghJ Fuy; bfhLf;f jahuhf ntz;Lk; vd;W nfl;Lf; bfhs;tjhft[k;. Vbdd;why; $Ptdhk;rk; kw;Wk; tpthfuj;J tHf;Ffspy; ,e;Jg; bgz;fs; mjpfkhf ,Uf;fpwhh;fs; vd;Wk; gy;ntW tifapdg; gphpt[fis itj;jpUf;fpw eP’;fs; ngRtJ epahak;. #hpaj; rl;lk; vd;gJ ,!;yhkpah;fs; rl;lk; vd;Wk; ,e;J kj jPtputhjpfs;jhd; bghJ rptpy; rl;lk; ntz;Lk;. vd;W ,y;yhj xd;Wf;F tHpfhl;Lfpwhh;fs; tHpfhl;lf;Toa ,e;J ga’;futhj;ij vjph;g;gjw;F ehk; vy;nyhUk; xd;Wgl ntz;Lk;/ ahuhf ,Ue;jhYk; kf;fis. gpst[gLj;Jfpw braiy monahL mfw;w ntz;Lk; vd;W nfl;Lf;bfhz;lhh;/”
3. I have given my anxious consideration to the contents of the said speech. Already, the Hon’ble Division Bench of this Court in T.Vetrithamilan Vs. the State Rep. by Inspector of Police and Another in Crl.OP.No.5363 of 2021 dated 06.08.2025, after considering the judgment of the Supreme Court in S.G.Vombatkere V. Union of India, (2022) 7 SCC 433 has held that for these kind of offences, the current the current social milieu has to be taken into account while deciding whether the petitioner could have committed any offence or not.
4. In this case, aforesaid speech ends with an appeal that the people should be united and therefore, it cannot be said that the intention of the speaker
was to divide the people on communal lines. He has only used the inappropriate word of Hindu terrorism and the same alone, will not amount to an offence under Sections 153 & 153(1) or the other offences in this regard. When the allegation is only a mere speech and is not accompanied by any other act on the part of the petitioner, the offences are not made out. Further, it must be seen that the occurrence is of the year 2017 and we are now in the year 2026. No useful purpose will be served by conducting a trial against the petitioner and further continuation of the investigation as against this petitioner and making the petitioner to face the case would also turn out oppressive as against the petitioner.
5. For all the aforesaid reason, the Criminal Original Petition stands allowed. The case in Crime No.1926 of 2017 on the file of the respondent Police shall stand quashed as against the petitioner alone. Consequently, connected miscellaneous petition is closed.
14-07-2026 Neutral Citation: Yes
KKN To
1. The Inspector Of Police, Pulianthope Police Station, Chennai City.
2.The Public Prosecutor,
High Court of Madras, Chennai. D.BHARATHA CHAKRAVARTHY, J.
KKN
CRL OP No. 29214 of 2018
14-07-2026