K. Velmanirajan v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirtieth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.12552 of 2018 K. VELMANIRAJAN ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY, 1 THE DEPUTY SUPERINTENDENT OF POLICE, COLLECTORATE, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR.

2 THE INSPECTOR OF POLICE VIRUDHUNAGAR EAST POLICE STATION, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR, IN CR NO. 280 OF 2018.

... RESPONDENTS 3 SHANMUGARAJ ...RESPONDENT/DEFACTO COMPLAINANT For Petitioner : M/S.S.THAMIZHARASAN Advocate For Respondents : Mr.A.ROBINSON Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is apprehending arrest at the hands of the respondent police for the offences punishable under Sections 3 (1) (r) and 3 (1) (s) of Schedule Caste and Schedule Tribes (Prevention of Atrocities Act), 1898 in Crime No.280 of 2018, on the file of the respondent police and seeks anticipatory bail. 2.The learned counsel for the defacto complainant pointed out the unacceptable and objectionable conduct of the petitioner. It appears that the petitioner, who is the Principal of the Polytechnic College had conducted himself in such a manner as to cause disquiet not only among the teachers but also among the students. 3.The learned counsel for the petitioner would submit that the petitioner herein has already filed W.P.(MD)No.15572 of 2018 and obtained an interim order on 18.07.2018.

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4.Hence this Court is of the view that the service grievances between the Principal and the Teachers has been given communal colour. Therefore, this Court is of the view that this is a fit case, in which the accused deserves to be granted anticipatory bail. 5.Taking into consideration the facts and circumstances of the case, 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.II, Virudhunagar and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions 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 is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 30/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II VIRUDHUNAGAR.

2 -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.

3 THE DEPUTY SUPERINTENDENT OF POLICE, COLLECTORATE, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR 4 THE INSPECTOR OF POLICE VIRUDHUNAGAR EAST POLICE STATION, VIRUDHUNAGAR DISTRICT,VIRUDHUNAGAR.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.THAMIZHARASAN Advocate SR.No.14389 +1. CC to M/S.S.PARTHASARTHI Advocate SR.No.14437

ORDER

IN CRL OP(MD) No.12552 of 2018 Date :30/07/2018 MV:RR:SAR2:14/08/18/2P/8C https://hcservices.ecourts.gov.in/hcservices/