Arul Jayaseelan v. State of Tamilnadu Rep by Inspector of Police, Thallakulam

ORDER The present petition has been filed seeking to quash the F.I.R. in crime No.960 of 2025, on the file of the first respondent police wherein the petitioners are alleged to have committed offences under Sections 189(2), 126 and 292 of BNS, 2023.

¶2A perusal of F.I.R. reveals that all the 65 petitioners belong to Nam Tamizhar Political Party and they have staged a protest in front of Madurai Thallakulam Tamukkam area against the removal of 5 statues and as per the F.I.R, they had blocked the road and caused inconvenience to the general public and despite warning, they have not dispersed.

¶3According to the learned Counsel appearing for the petitioners, all the 5 statues were removed by the Government without prior intimation or without any intimation when they will be restored and in such circumstances, on behalf of the general public, the members of the political party staged peaceful protest in order to restore the statues in that place.

¶4Per contra, the learned Government Advocate(crl. side) appearing for the first respondent police submitted that the statues were removed for the construction of a bridge and after the construction is completed, the statues would be restored.

¶5I have considered the submissions made on either side and perused the materials available on record.

¶6A perusal of F.I.R. clearly reveals that the members of a political party have staged protest in front of Madurai Tallakulam Tamukkam ground in a democratic manner without any intention to commit any offence especially protesting against the removal of 5 statues, which were there for so many years.

¶7In view of the above said facts, it is clear that when the petitioners have expressed their dissent in a peaceful and democratic manner, the same cannot be considered to be with an intention to commit any offence, especially when the same has been done by the members of a recognised political party.

¶8In view of the above said facts, no useful purpose would be served in directing the police officials to continue the criminal proceedings as against the petitioners. Therefore, the F.I.R. in crime No.960 of 2025 on the file of the first respondent police is hereby quashed.

¶9Accordingly, this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is also closed.

25.03.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR To

¶1The Inspector of Police, Thallakulam Police Station, Madurai.

¶2The Additional Public Prosecutor,

Madurai Bench of Madras High Court, Madurai. R.VIJAYAKUMAR

, J.

RJR

Crl.OP.(MD)No.4839 of 2026

25.03.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2026 CORAM THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Crl.OP.(MD)No.4839 of 2026 and Crl.M.P(MD)No.5193 of 2026 1. Arul Jayaseelan 2. Venkateswaran 3. Kalishwaran 4. Munishwaran 5. Arul 6. Senthilkumar 7. Poovalingam 8. Sheik Rathinam 9. Vanniyaraja 10. Arumugam 11. Aswin Raja 12. Muthukarthi 13. Akash 14. Saral 15. Pandiammal 16. Thangamariyammal 17. Kala 18. Sudharani 19. Yamunadevi 20. Parijatham 21. Subramaniyan 22. Prabhu 23. Murugan 24. Manikandan 25. Saravanakumar 26. Fathima Johnson 27. Muthumurugan 28. Durai Prabhakaran 29. Dhakshinamoorthy 30. Kathiravan 31. Vinoth 32. Rajesh 33. Velayutham 34. Sankar 35. Madhan 36. Suresh 37. Saravanan 38. Dinakaran 39. Gopirajan 40. Mahamuni Karupiah 41. Vignesh Kumar 42. Sathishkumar 43. Manikandan 44. Pandi 45. Jayakumar 46. Manivannan 47. Raja 48. Karuppiah 49. Kasimayan 50. Jawahar 51. Selvam 52. Sethurajan 53. Moorthi 54. Sankarapandian 55. Naveen 56. Vijayaramachandran 57. Thivakaran 58. Sivakumar 59. Karthikeyan 60. Rajkumar 61. Karnan 62. Maruthamuthu 63. John Jayasingh 64. Sivanantham 65. Thirumurugan @ Dheeran Thirumurugan ...Petitioners Vs 1.State of Tamilnadu, Rep by Inspector of Police, Thallakulam Police Station, Madurai. Crime No.960/2025. ...1st Respondent/Complainant 2. N.Athikuntha Kannan, The Sub Inspector of Police, Thallakulam Police Station, Madurai. ...2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to call for the records connected with F.I.R. in Crime No.960 of 2025 on the file of the respondent police and quash the same as illegal as against the petitioners. For Petitioners : M/s.R.Manibharathi For Respondents : Mr.B.Thanga Aravindh Government Advocate(crl.side) for R1