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2019 Supreme(Mad) 2798

B.PUGALENDHI
Kamalhassan – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Appellant : K. Vijayan, Senior Counsel for K. Guruviah
For the Respondents: A. Natarajan, State Public Prosecutor assisted by R. Anandharaj, Additional Public Prosecutor and M. Karunanidhi

ORDER :

B. Pugalendhi, J.

1. The petitioner apprehending arrest at the hands of the respondent Police for the alleged offences punishable under Sections 153(A) and 295(A) I.P.C., in Crime No. 154 of 2019, has filed this criminal original petition.

2. The case of the prosecution is that the petitioner, a leader of a registered political party, during his election campaign for Aravakuruchi Constituency, has addressed a public meeting at Pallapatti on 12.05.2019 and in that meeting, he has stated that the first extremist in independent India is a Hindu, who is Nathuram Godse. The complaint was lodged on 14.05.2019 complaining that the reference of the petitioner about Nathuram Godse developed hatred among the people and the petitioner made the statement purposely to develop hatred among the people.

3. Heard Mr. K. Vijayan, learned Senior Counsel, appearing for the petitioner and Mr. A. Natarajan, learned Public Prosecutor, appearing for the State and Mr. M. Karunanithi, learned counsel for the de facto complainant.

4. The learned Senior Counsel for the petitioner, in support of this petition, has made the following submissions:

(i) The complaint is a motivated one and lodged by a person bel

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