O.Ravi, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.5386 of 2017 O.RAVI ... PETITIONER / ACCUSED Vs THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, MADURAI.
CRIME NO.9/2017 ... RESPONDENT/ COMPLAINANT For Petitioner : MR.C.JEGANATHAN, Advocate for M/S.VEERA ASSOCIATES Advocate For Respondent : MR.A.RAMAR Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused in Crime No.9 of 2017 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 420, 421 and 468 of IPC., and hence, seeks anticipatory bail.
2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent/State. 3.The case of the prosecution is that the petitioner is working as an Associate Professor at Pasumpon Muthuramalinga Thevar College at Usilampatti. On 18.11.2011, the petitioner was suspended by the said College and subsequently the services of the petitioner were terminated on 27.03.2012. But the Joint Director, College Education did not accept the termination order and returned the same to the said College, against which the College filed an appeal and the same is pending. On the complaint of one of the members of Kallar Kalvi Kalagam, Usilampatti, the present case has been registered against the petitioner alleging that the petitioner in collusion with the erstwhile Secretary of the said College, without getting necessary approval from the college committee got the order of reinstatement and payment of salary.
4.The learned counsel for the petitioner submitted that since the petitioner happened to be a witness in a case which was registered against the College Secretary, namely Pandyan, registered in Crime No.2 of 2017, on the file of the Inspector of Police, Vigilance and Anti Corruption, Madurai, in order to wreck vengeance, the present complaint has been lodged by the defacto complainant on https://hcservices.ecourts.gov.in/hcservices/
the instigation of the said Pandyan, who is now working as a Secretary of the Kallar Kalvi Kalagam. He further submitted that after getting approval from the erstwhile Secretary, the order of reinstatement and payment has been passed. The petitioner is no way connected in the offence as alleged by the prosecution and he is innocent and falsely implicated in this case.
5. Considering the facts and circumstances of the case and also the fact that after approval of the competent authority, the petitioner has been reinstated and the salary has been paid to the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.I, Madurai and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that the petitioner shall appear before the respondent police once in a week, i.e., on every Sunday at 10.30 a.m., until further orders. The petitioner shall co-operate with the enquiry and he shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.
6.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 05/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.I, MADURAI 2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, MADURAI. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. MADURAI +1. CC to M/S.VEERA ASSOCIATES Advocate SR.No.23197 pjl CSL/PM/PN/SAR-4-9.6.17-2p-6c
ORDER
IN CRL OP(MD) No.5386 of 2017 Date :05/06/2017 https://hcservices.ecourts.gov.in/hcservices/