P.K.Senthil Kumar v. The State Of Tamil Nadu Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.11416 of 2022 P.K.SENTHIL KUMAR [ PETITIONER / ACCUSED ] Vs THE STATE OF TAMIL NADU REP BY, [ RESPONDENT ] THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION POLICE STATION, SALEM.

(IN CRIME NO.05/AC/2022) For Petitioner : M/S.J.RAMAKRISHNAN Advocate For Respondent : MR.A.DAMODARAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 120-B, 420, 468, 471 and 474 IPC and 7(a) of the Prevention of Corruption (Amendment) Act, 2018 in Crime No.05/AC of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner/A1 is the Deputy Registrar and A2 is the Assistant Registrar in Periyar University. During the year 2018, examinations were conducted for M.Phil programme and the answer sheets of the candidates who wrote the examination were evaluated. After evaluation, the answer sheets were collected from the examiners along with the Foil Sheets in which marks were added to each of the candidates entered by the examiners. Thereafter, the Foil Sheets were handed over to the Controller of Examination. While that being so, the accused persons hatched a conspiracy with an intention of awarding pass marks to 18 candidates who actually secured fail marks in the examination by forging documents and then sent their statements of marks to the respective Colleges by obtaining undue advantage. The entry with regard to the marks, was made in the computer, totally to award pass marks, knowing

fully well that these 18 candidates secured fail marks only in the examination. Hence, on a complaint, FIR has been registered by the respondent Police in Crime No.05/AC of 2022 for the offences under Sections 120-B, 420, 468, 471 and 474 IPC and Section 7(a) of the Prevention of Corruption (Amendment) Act, 2018. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that a false case has been foisted as against the petitioner and hence he prays to grant anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor for the respondent Police filed an annexure showing results, which was attached to the First Information Report and it reveals that 18 M.Phil candidates were awarded pass marks by the petitioner and other accused persons and hence, he vehemently opposed to grant anticipatory bail to the petitioner. The said annexure showing the results, is extracted hereunder:

1.

M.Muthukumar Arignar Anna Arts & Science, Krishnagiri P16CAC8003 12CMPB T02 24+ 38= 24+ 38= 24+35 =59 24+38 =62 2.

R.Ashokan Selvamm Arts & Science College, Namakkal, P16CAK8027 12CMPM 39= 38= 25+6=

3.

B.Kavipriya Selvamm Arts & Science College, Namakkal P16CAK8043 12CMPM 39= 38= 25+11 =36 4.

P.Sumithra Selvamm Arts & Science College, Namakkal P16CAF8010 12PMPC H02 =54 =65 25+29 =54 25+40 =65 5.

T.Suguna Selvamm Arts & Science College, Namakkal P16CAF8033 12PMPC H02 22+ 22+ =60 22+25 =47 22+39 6.

A.Venkateshkum ar Selvamm Arts & Science College, Namakkal P16CAE8013 12PMPC S01 24+ =45 24+ =62 24+21 =45 24+38 =62 A.Venkateshkum ar Selvamm Arts & Science College, Namakkal P16CAE8013 12PMPC S02 25+2 5=50 38= 25+25 =50

7.

P.Aravindh Selvamm Arts & Science College, Namakkal P16CAE8013 12PMPM 23+ =40 23+ 23+17 =40 23+38 8.

J.Jagadeesan Vysya College, Salem P16CAK8111 12PMPM A01 24+ =37 24+ =62 24+13 =37 24+38 =62 9.

R.N.Sudha Vysya College, Salem P16CAK8115 12PMPM A01 23+ =41 23+ 23+18 =41 23+38 R.N.Sudha Vysya College, Salem P16CAK8115 12PMPM 24+ =35 24+11 =35 24+38 =62 10.

K.S.Shanmugava divu Vysya College, Salem P16CAK8118 12PMPM A01 24+ =28 24+ =62 24+04 =28 24+38 =62

11.

K.Anugeetha Selvamm Arts & Science College, Namakkal 16CAK1215 12CMPM A01 23+ =54 23+ 38= 23+31 =54 23+38 K.Anugeetha Selvamm Arts & Science College, Namakkal 16CAK1215 12CMPM 24+ =32 24+ =62 24+08 =32 24+38 =62 12.

K.Balambigai Selvamm Arts & Science College, Namakkal 17CAK1196 17CMPM A01 =31 25+06 =31 K.Balambigai Selvamm Arts & Science College, Namakkal 17CAK1196 17CMPM =36 25+11 =36

13.

A.Arivarasan Arignar Anna Arts & Science, Krishnagiri P16CAQ8076 12CMPP H01 =46 25+21 =46 A.Arivarasan Arignar Anna Arts & Science, Krishnagiri P16CAQ8076 12CMPP H02 =52 25+27 =52 14.

V.Balachandira n Arignar Anna Arts & Science, Krishnagiri P16CAD8036 12PMPC M02 23+ =47 23+ 23+24 =47 23+38 V.Balachandira n Arignar Anna Arts & Science, P16CAD8036 12PMPC M01 23+ =36 23+ 23+13 =36 23+38

15.

M.Balaraju Arignar Anna Arts & Science, Krishnagiri P16CAS8121 12PMPE N02 23+ =45 23+ 23+22 =45 23+38 16.

R.Kalaiyarasi Arignar Anna Arts & Science, Krishnagiri P16CAK1311 12CMPM =43 25+18 =43 R.Kalaiyarasi Arignar Anna Arts & Science, Krishnagiri P16CAK1311 12CMPM A01 =44 25+19 =44 17.

J.Palani Government Arts College, Dharmapuri 15CAF1104 12CMPC H02 =30 =60 25+05 =30 =60 18.

P.Thirukumaran Government Arts College, Dharmapuri 15CAF1105 12CMPC H01 =45 =65 25+20 =45 25+40 =65

P.Thirukumaran Government Arts College, Dharmapuri 15CAF1105 12CMPC H02 =37 25+12 =37

5. Considering the facts and circumstances of the case and also taking note of the fact that the petitioner and other accused had committed very heinous offence by awarding pass marks to the M.Phil candidates, those who were originally failed by the examiners, this Court is not inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 18/05/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION POLICE STATION, SALEM.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.J.RAMAKRISHNAN Advocate on payment of necessary charges SR.No.7236 CRL OP.11416/2022 Date :18/05/2022 CSK 25/05/2022