Funeral Processions Not Licence To Endanger Public: Madras High Court Denies Relief To Mourners Accused Of Attacking Bus With Girl Students

The Madras High Court recently denied anticipatory bail to three men who were accused of abusing and attacking a college bus carrying 25 female students, while participating in a funeral procession in an inebriated condition. Justice KK Ramakrishnan noted that the allegations were serious in nature, where a public vehicle carrying girl students was blocked, and the occupants were harassed. The court noted that the incident of violence, by persons under the influence of alcohol, could not be taken lightly.“While participation in a funeral cortege is a social and cultural practice, it does not confer any right to endanger public safety or to indulge in acts of violence or disorder. The materials on record prima facie indicate that the conduct attributed to the petitioners is not a trivial or isolated act but involves elements affecting public order and safety,” the court said.Further, taking a serious view of repeated instances of violence during funeral processions, the Court has also directed the Tamil Nadu Chief Secretary to examine the suitability of enacting legislation to govern funeral processions in the State, to ensure that public safety is not endangered while carrying out such processions. The court noted that despite a circular of the Director General of Police, incidents of disorderly conduct during processions continued, posing serious risks to bystanders, road users and the general public. “The absence of a comprehensive statutory framework, coupled with enforceable penal provisions to regulate such processions, has resulted in repeated occurrences of such hazardous situations. In these circumstances, this Court, in the interest of public safety and to safeguard the lives of bystanders, road users, and other members of the public, deems it appropriate to issue directions to the State. Accordingly, the Chief Secretary to the Government is directed to examine the necessity of enacting suitable legislation, incorporating adequate regulatory and penal provisions to govern funeral processions, while ensuring that the fundamental right to perform last rites is not unduly curtailed,” the court observed. The court passed the directions on an anticipatory bail petition filed by three persons who were accused for offences under Sections 329(3), 296(b), 115(2), 133, 351(2) of the BNS and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act read with Section 3(1) of the Tamil Nadu Public Property (Prevention of Destruction and Loss) Act. As per the prosecution, on March 5, 2026, when a college bus carrying 25 girl students was passing by the public road, the petitioners, who were taking part in a funeral procession had blocked the bus, abused the students in obscene language, attacked the bus driver using a helmet, chappals and other objects, and even caused damage to the bus. It was reported that the petitioners were in an inebriated condition at the time of the attack. Based on the complaint, a police case was registered. Seeking anticipatory bail, the petitioners argued that the bus had tried to plough through the funeral procession, which had provoked the petitioners. It was also argued that the occurrence had been exaggerated in the FIR and no such incident, as alleged by the prosecution, had taken place. Considering the gravity of the incident and the state's submission that a custodial interrogation was necessary, the court was not inclined to grant anticipatory bail and dismissed the petitions. The court, however, noted that it was necessary to issue certain directions since the instances of unruly behaviour during funeral processions was becoming frequent. The court added that while the right to conduct funeral rite was part of the fundamental right to life under Article 21 of the Constitution, the same was subject to reasonable restrictions in the interest of public order and safety. The court noted that similar issue was previously considered by the court, and the case was closed after taking note of a circular issued by the Director General of Police, issuing guidelines to streamline the funeral processions. However, the court noted that despite such directions, instances of unruly behaviour continued. Thus, the court thought it fit to direct the Chief Secretary to consider the feasibility of bringing in a law to govern funeral processions. Counsel for Petitioner: Mr. G. Gowtham Counsel for Respondent: Mr M. Karunanithi Government Advocate (Criminal Side) Counsel for Intervener: Mr S. Mukesh Case Title: K Shankar and Others v. The State Citation: 2026 LiveLaw (Mad) 175 Case No: Crl.O.P(MD).No.5267 of 2026Click Here To Read/Download The Judgment

Funeral Processions Not Licence To Endanger Public: Madras High Court Denies Relief To Mourners Accused Of Attacking Bus With Girl Students

Upasana Sajeev

Court has asked Chief Secretary to examine the suitability of enacting legislation to govern processions.

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