Three BJP members were recently granted anticipatory bail by the Madras High Court after they allegedly blocked the state finance minister's car on August 13, 2022, assaulted and humiliated him and threw slippers at his vehicle, which was bearing the national emblem. The Court described the entire incident as regrettable, highlighting that while political ideologies may differ when exercising democratic rights when those rights turn violent and ugly, the causal party is not the political opponent but rather society as a whole, which is what each political party seeks to serve and advance.
In the instant case titled Gokul Ajith and others v. The Inspector of Police, the issue raised before the Madras High Court was:
Whether anticipatory bail can be granted to BJP members accused under sections 147, 294(b), 341, 353, 355, 506(2) IPC and section 2 of Prevention of Insult to National Honour Act, 1971?
With regard to the issue, the Madras high court held that the accused in the petition can be considered on the filing of affidavits of regret. The court also stated that it must recognise the petitioners' sincere regrets when they come forward and be given the chance to make amends. Arresting the petitioners and granting regular bail will accomplish nothing.
The court categorically stated that:
“what is important is human values, much above the law, above the politics, above the religion etc. It must be maintained by the people like the petitioners, who belong to a political party and that too who are political functionaries. This court is of the hope that they will maintain it at any costs.”
Hence, the court granted anticipatory bail to the petitioners with certain conditions which were that they must stay at Salem and report before Judicial Magistrate No.1 Salem, daily at 10.30 am until further orders. If they fail to uphold the commitment they made to this court in the future, the granted anticipatory bail will be forfeited to them and shall be immediately revoked, and the responder shall have the right to take necessary action.