Madras HC Grants Bail To Ex-ABVP National President Subbiah Accused Of Urinating In Front Of Woman Neighbour’s Home

The court granting the relief said that it is eager to know what prompted the investigation officer to arrest the person on a public holiday after 1 1/2 years of filing the complaint. 

Former ABVP national president Subbiah Shanmugam | Credit: ABP Nadu

Chennai: The Madras High Court on Monday granted interim bail to former national president of ABVP Dr Subbiah Shanmugan who was accused of urinating in front of an elderly woman neighbour's home in 2020.

Based on the complaint of the woman in July 2020, Subbiah Shanmugam was arrested by Adambakkam police on Saturday. 

According to a report on Times of India, on Monday, the bail petition came up for hearing before Justice G Jayachandran who said, similar cases have been dealt by HC of Andhra Pradesh, HC of Gujarat and HC of Rajasthan. In those cases too, the courts have condemned the action of the police. 

"Hence, the unwarranted arrest of former ABVP national president on a public holiday is against fundamental rights since it was carried out with a reason to prevent him from getting legal assistance," the judge said. 

Further, the court as per Live Law said, "Since the arrest itself apparently and erroneously made the arrest will not give any ground for taking departmental action."

The court said that it is also eager to know what prompted the investigation officer to arrest the person on a public holiday after 1 1/2 years of filing the complaint. 

Later, the bench said, the court found that there was a patent error in the arrest of the petitioner. 

Therefore, the court granted interim bail to the petitioner and posted the case for further hearing on March 23. The court also told the prosecution to file its response. 

In March 2020, Subbaiah reportedly threw a face mask and urinated in front of the house of a 62-year-old widow in Chennai. The act was caught on CCTV camera and was circulated on social media in 2020. Also, Subbiah was the head of the Department of Surgical Oncology in Kilpauk Medical College at the time of the incident.