Dhanasekaran @ Dhanush v. State Of Tamilnadu Rep By Inspector Of Police, Thilagar Thidal
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.01.2026
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and Crl.M.P(MD)Nos.787 & 788 of 2026 Dhanasekaran @ Dhanush ... Petitioner/A2 Vs.
1.The State of Tamil Nadu, Rep.by the Inspector of Police, Thilagar Thidal Police Station, Madurai City, Madurai District.
(Crime No.231/2025) ... Respondent/Complainant 2.Santhanakumar ... Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records pertaining to the case registered in impugned Charge sheet in S.T.C.No.10894 of 2025 on the file of the Learned Judicial Magistrate No.II, Madurai in connection with Crime No.231 of 2025 on the file of the 1st Respondent police and quash the same insofar as this petitioner is concerned. 1/5
For Petitioner : Mr.B.Arun For R1 : Mr.B.Thanga Aravindh Government Advocate(crl.side)
ORDER
Seeking to quash the Charge sheet in S.T.C.No.10894 of 2025 on the file of the Learned Judicial Magistrate No.II, Madurai in connection with Crime No.231 of 2025 on the file of the 1st respondent police, this Criminal Original Petition is filed.
2. The allegation in the final report is that the petitioner had erected a banner depicting one Dhanush clad in yellow attire, portrayed in a manner suggestive of incitement to violence, with imagery resembling the shedding of blood and that the said banner was affixed to a wall in a conspicuous manner, rendering the depiction of bloodstains clearly visible.
3. The learned counsel for the petitioner would submit that in order to attract the offence punishable under Section 3A (1) (a) of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959, the 2/5
accused must have obstructed the line of vision of any person or the driver of any vehicle using any public place or endangers the safety of such person, driver or vehicle. The final report discloses none. In this case, even the petitioner herein had not pasted poster in the wall. Hence, sought indulgence of this Court.
4. The learned Government Advocate(Crl.side) submitted that the petitioner has bad criminal antecedents as many as four criminal cases are pending against him including a murder case. Hence, he sought for dismissal of this petition.
5. Heard the learned counsel on either side and carefully perused teh materials available on record.
6. Unless the poster obstructs the line of vision of any person or the driver of any vehicle using any public place or endangers the safety of such person, driver or vehicle, the provision of Section 3 (1) (a) of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 3/5
cannot be invoked. Considering the fact that the poster was not pasted by the petitioner herein, the charge sheet in S.T.C.No.10894 of 2025 on the file of the Learned Judicial Magistrate No.II, Madurai is quashed insofar as the petitioner herein is concerned.
7. Accordingly, this Criminal Original Petition is allowed. Consequently, the connected Miscellaneous Petitions are closed. 19.01.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The Judicial Magistrate No.II, Madurai.
2.The Inspector of Police, Thilagar Thidal Police Station, Madurai City, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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L.VICTORIA GOWRI, J.
gbg 19.01.2026 5/5