BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Third day of August Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.9358 of 2011 S.AROKIASAMY ... PETITIONER/ACCUSED No.1 M.VEERASAMY ...INTERVENOR Vs THE INSPECTOR OF POLICE KOODAL PUDUR POLICE STATION, MADRUAI DISTRICT, IN CRIME NO.331 OF 2011. ... RESPONDENT/COMPLAINANT For Petitioner : M/S. PREMRAJ AMBROSE, Advocate For Intervenor : M/S.U.NIRMALA RANI, Advocate For Respondent : A.RAMAR, ADDITIONAL PUBLIC PROSECUTOR,( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 354 and 506(i) I.P.C. and Section 4 of Tamil Nadu Women Harassment Act in Crime No.331 of 2011 on the file of the respondent police and hence seeks anticipatory bail. 2. The learned counsel for the petitioner would submit that the petitioner is aged about 54 years and he is the Headmaster of the Government High School, Pothumbu. He would further submit that on the basis of the complaint given by one Panju, who is the mother of a student, on 13.07.2011, a case has been registered under Sections 354 and 506(i) I.P.C. and Section 4 of Tamil Nadu Women Harassment Act. He would further submit that the allegation made by the defacto complainant is a false one for the following reasons: 1. He is more than 50 years; 2. There is no separate room for such the commission of offence; 3. Since a political party pasm obtained the transfer certificate of his son within a week, he sought for readmission, which was denied by the accused, hence he instigated the defacto complainant who is the political party and filed complainant who is the political party and filed this complaint against this petitioner. Hence, he prays for enlargement on anticipatory bail. 3. The learned counsel for the intervenor would submit that as the Headmaster has misused his position and misbehaved with the students, they filed a writ petition in W.P.(MD)NO.8355 of 2011 before this Court. In the said writ petition, this Court has passed an order of interim direction, to constitute a committee to enquire and to file a report before this Court on 05.08.2011. In view of the order passed by this Court, a Special committee was formed and they were conducted an enquiry. At the time of enquiry, they came to know that nearly 180 students have https://hcservices.ecourts.gov.in/hcservices/ reported that the petitioner has misbehaved with them and since it is an offence against society, he prays for the dismissal of this application. 4. The learned Additional Public Prosecutor would submit that on the basis of the direction of this Court, a Special Committee was formed and they were conducted an enquiry and the investigation is going on and hence, he prays for dismissal of this application. 5. Considering the rival submissions made by the learned counsel on either side and also considering the fact that the petitioner is the Headmaster and also considering the case of the prosecution that the petitioner has misbehaved with the girl students and as per the version of the learned counsel for the intervenor, when a girl was approached the petitioner along with her blind grandmother for school admission, the petitioner has taken advantage of the blindness of grandmother, misbehaved with the girl and also the fact that the writ petition was posted on 05.08.2011 for filing report by the Special committee constituted as per the order of this Court and since it is an offence against society, I do not find any merits in this application. Accordingly, this Criminal Original Petition is dismissed. sd/- 03/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE INSPECTOR OF POLICE KOODAL PUDUR POLICE STATION, MADRUAI DISTRICT, 2. THE ADDITINONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.U.NIRMALA RANI, Advocate, SR.No.25874 GH : 05.08.2011 : 2p/4c ORDER IN CRL OP(MD) No.9358 of 2011 Date :03/08/2011 https://hcservices.ecourts.gov.in/hcservices/