Madras High Court Grants Bail To Man Accused Of Hate Speech Against Judges For The Hijab Judgement

The Madras High Court has granted bail to a Muslim man who allegedly made hate speech against the judiciary and political parties while protesting against the hijab judgement preventing Muslim girls from carrying it in educational institutions.

The Court was considering a Petition seeking bail in case registered for the offences punishable under Sections 153A, 294(b), 504, 505(i)(c) and 505(ii) of the Indian Penal Code, 1860.

The single bench of Justice P. Vadamalai observed, "Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.V, Tirunelveli, and on further conditions..."

The Petitioner was represented by Advocate Karuppasamy Pandian while the Respondent was represented by Government Advocate M. Karunanithi.

The case of the Prosecution was that, during a protest meeting in 2022 organized to object to the court's order preventing Muslim girls from wearing the hijab, the Petitioner, as speakers at the event, allegedly made derogatory remarks about the Judges who passed the order, as well as about leaders of non-political parties who supported the verdict. Furthermore, while raising objections to the judgment, the petitioner is said to have delivered hate speech against all political parties and the judiciary.

Counsel for the Petitioner submitted that a false case was foisted against the Petitioner. He further submitted that the Petitioner was already granted anticipatory bail in the present case, subject to certain stringent conditions. However, due to non-compliance with those conditions, the anticipatory bail order lapsed. He further submitted that the Petitioner is 60 years old and a retired Army personnel and after the said alleged hate speech, no further untoward event has occurred. Moreover, the investigation in this case has already been completed, and therefore, continuing to keep the petitioner in prison at the pre-trial stage would not serve any purpose.

The Court was inclined to grant bail to the Petitioner.

"The FIR was registered on 20.03.2022 and the investigation might have been completed by this time. There is no need for further interrogation on the petitioner by the respondent police. The petitioner, who is aged 60 years old, is in custody from 20.06.2025. Therefore, considering the above facts and circumstances and also considering the incarceration period, this Court is inclined to grant bail to the petitioner with conditions", the Court observed.

The Petition was accordingly allowed.

Cause Title: Palai Rafi @ Mohamed Rafi vs. The State of Tamil Nadu

Appearances:

Petitioner- Advocate Karuppasamy Pandian, Advocate S.Subramanian

Respondent- Government Advocate M. Karunanithi

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