'Understand Constitutional Values': Madras HC Asks Hindu Munnani Workers To Write Preamble 10 Times For Pre-Arrest Bail In Hate Speech Case

Justice M. Jothiraman imposed the condition to make the accused understand the object and constitutional valued enumerated in the Constitution.

“In order to understand the object and constitutional values enumerated under the Constitution of India, the petitioners/ Accused Nos.1 to 3 are directed to write Preamble of the Constitution of India Article 19 and Part-IV-A - Article 51-A Fundamental duties, Ten times in a notebook, either in English or Tamil, and to submit before the concern judicial magistrate Court,” the court said.

The court was dealing with anticipatory bail pleas of three Hindu Munnani workers who were apprehending arrest by the police for offences punishable under Section 192 [wantonly giving provocation with intent to cause riot], 196(1)(a) [promoting enmity between different groups], 197(1)(c) [imputations, assertions prejudicial to national integration], 352 [intentional insult with intent to provoke breach of peace], 353(1)(c), and 353(2) [statements conducting to public mischief] of the BNS.

The prosecution had alleged that while protesting against the attack of Hindus in Bangladesh, the accused had made hateful statements and spoke in a way that incited riots between the general public.

The accused submitted that they had obtained permission from the court to conduct the protest against the genocide of Hindus. They contended that they were falsely implicated in the case and were ready to abide by any conditions imposed by the court. They submitted that they do not have any bad antecedents and that they would not tamper with any evidence or abscond from the proceedings.

The Additional Public Prosecutor opposed the plea and argued that the accused had made hateful speeches and spoken in a way that incited riots between the general public. It was also argued that the accused had several previous cases and hence prayed to dismiss the plea.

Noting that the accused had obtained prior permission to conduct the protest, the court was inclined to grant anticipatory bail with certain conditions.

Counsel for Petitioner: Mr. Niranjan S. Kumar

Counsel for Respondents: Mr. R. Meenakshi Sundaram Additional Public Prosecutor

Case Title: Raja Mathan and Others v. State of Tamil Nadu

Citation: 2025 LiveLaw (292)

Case No: CRL OP(MD)No.5874 of 2025