Madras High Court Grants Bail To Man Who Protested Against Hijab Judgment, Allegedly Gave Hate Speech Against Political Parties And Judiciary

Justice P Vadamalai was inclined to grant bail on noting that the FIR was registered in March 2022 and probe might have been completed by this time. The court thus opined that no further interrogation was necessary. The court also noted that the man was 60-year-old and had been in custody since June 20, 2025. Thus, considering all the facts and the incarceration period, the court was inclined to grant conditional bail.

“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 said.

The bail was granted on a petition filed by Palai Rafi @ Mohamed Rafi. Rafi was arrested and remanded to judicial custody on June 20, 2025 for offences punishable under Sections 153A, 294 (b), 504, 505(i) (c), and 505(ii).

The prosecution case that on March 20, 2022, a protest meeting was organized against the decision preventing Muslim girls from wearing hijab. Rafi, who was one of the speakers at the event, allegedly made derogatory remarks against the Judges who passed the order and the leaders of the non-political parties who supported the decision. It was alleged that Rafi had made hate speech against all political parties including the judiciary.

On behalf of Rafi, it was submitted that he had not committed any offence as alleged and that a false case was registered against him. It was also submitted that Rafi was granted anticipatory bail earlier but since some conditions could not be complied, the anticipatory bail order had lapsed and he was subsequently arrested.

It was submitted that Rafi was retired Ex-Army personnel. It was pointed out that after the alleged speech was made, no untoward incident had occurred. Further, stating that the investigation had already been completed, and that keeping Rafi in prison at the pre-trial stage would not serve any purpose, the bail was sought.

The State, on the other hand, objected to the plea and said that Rafi, being one of the speakers at the protest meeting had made derogatory speech against the judiciary and the political parties.

The court noted that Rafi had been granted anticipatory bail previously on an undertaking wherein he had rendered an unconditional apology. The court also noted that other speakers in the event had been granted bail.

Thus, the court was inclined to grant bail and ordered accordingly.

Counsel for Petitioner: Mr.Karuppasamy Pandian, for Mr.S.Subramanian, Advocate

Counsel for Respondent: Mr.M.Karunanithi, ... Respondent / Complainant Government Advocate (Criminal Side)

Case Title: Palai Rafi @ Mohamed Rafi v. The State

Citation: 2025 LiveLaw (Mad) 252

Case No: CRL OP(MD).No.11259 of 2025