BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of September Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.12027 of 2011 1. G. MURUGANANTHAM 2. R. SUBRAMANIAN 3. THIRUMATHI E. SANTHI 4. A. MOHAMED RIZWAN ... PETITIONERS/ACCUSED Vs THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, PUDUKKOTTAI, CRIME NO.37/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. N.ANANTHA PADMANABAN Advocate For Respondent : MR.A.RAMAR, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/ A1, A3, A2 and A4 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 420 I.P.C. in Crime No.37 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned counsel appearing for the petitioners would submit that on the basis of the complaint given by the Tahsildar, a case has been registered in crime No.37 of 2011 for the offence under Section 420 I.P.C against the petitioners stating that without obtaining proper permission from the Government and Universities, they admitting the students in the institution run by the 1st petitioner. He would further submit that the 1st petitioner, who is the Director of the institution is arrayed as A1, the 2nd petitioner, who is the Chairman of the Trust is arrayed as A3, the 3rd petitioner, who is the Correspondent of the catering college conducted by the same management is arrayed as A2, the 4th petitioner, who is the Principal of the Indian Institute for Prevention of Hazard and Safety Management, Fire and safety College is arrayed as A4 and one Nataraj, who is the Head of the Department is arrayed as A5 and now, the petitioners 1 to 4/A1, A3, A2 and A4 apprehended arrest. He would further submit that the petitioners obtained permission from Anna University, Karaikudi Alagappa University and on that basis only, they admitting the students and to substantiate the same, he produced the letters received from the Universities as well as the agreement between the College and the concerned Universities. He would further submit that because of the present political scenario, a false case has been foisted against the petitioners and since, they apprehended arrests, they have come forward with the application for enlarging them on anticipatory bail. 3.The learned Additional Public Prosecutor would file a counter stating that the Tahsildar has given the complaint after receipt of the https://hcservices.ecourts.gov.in/hcservices/ telephonic information that the petitioners, without obtaining any permission, conducting courses and hence, the case has been registered only on 24.08.2011 at 11.00 hours in crime No.37 of 2011 for the offence under Section 420 I.P.C. He would further submit that the Indian Institute for Prevention of Hazard and Safety Management has been run for the past 2 years at S.Melur Village in Annavasal by the accused persons and the 1st petitioner is an ex-serviceman and he is running the institution. It has been further stated that earlier from 2001 to2005, Catering Technology and Hotel Management course was conducted in the same building and he has got assent from Annamalai University and Karaikudi Alagappa University for running study centre for the catering course and only for the past 2 years, he is conducting Indian Institute for Prevention of Hazard and Safety Management course and around 160 students are studying in that course, however, no recognition is obtained either from the Government or from any University. It has been further stated that the Management has allegedly been collected around one lakh from each student for the course but, no receipt has been given and though the students are promised for job on completion of the course, nobody got job as the course has not been recognised one and thus the Management of the Institution cheated the students and swindled huge money from them. It has been further stated that one Rajasekaran, the Principal of institution was arrested on 26.08.2011 and sent for judicial custody and the other accused are absconding and totally, 45 items of records and articles including computers and institution registers were seized and investigation is going on and hence, he prayed for the dismissal of the application. 4.I have considered the submissions made on either side and perused the materials available on record. 5.The case has been registered on 24.08.2011 on the basis of the complaint given by the Tahsildar against one IIPHS Fire and Safety College. The learned counsel appearing for the petitioner would take me to the 161 (3) Cr.P.C. Statement of the defacto complainant, wherein, it has been clearly conceded that in the year 2009, the defacto complainant entered into an agreement with the Anna University to function the institution as the learning centre of the Distance Education of Anna University, Coimbatore. He has also stated that in the year 2010 also he has entered into an agreement with Karaikudi Alagappa University, for running B.Sc., Catering and Hotel Management/administration training and in the year 2011 also he entered into an agreement with the Manonmaniam Sundaranar University, Tirunelveli for running a study centre to conduct the training in Diploma in Fire Industrial Safety along with VET Technical Institute, Marthandam in the name of Bed Fair Institute of Fire Safety Management. He has further stated that he has rented the building for conducting the certificate course in Fire and Industrial Safety Management Diploma in Fire and Industrial Safety Engineering, P.G.Diploma in Occupational Health Safety Management and B.Sc., Fire and Industrial Safety Management and he was permitted to function as study centre for Periyar Maniammai University and its Distance Education and Open University for the year 2009 and 2010 and now, the recognition of Periyar Maniammai University has been cancelled. 6.Perusal of the records would show that the petitioners herein are running IIPH i.e. INDIAN INSTITUTE FOR PREVENTION OF HAZARD AND SAFETY MANAGEMENT, FIRE AND SAFETY COLLEGE after obtaining proper permission. The document in Page No.7 filed by the petitioners has shown that Anna University of Technology, Coimbatore had sent a letter to the petitioners' college stating that they are sending the Admission Cards https://hcservices.ecourts.gov.in/hcservices/ for the students admitted by the petitioner's centre for the academic year 2010 – 2011 as per the list enclosed. The agreement between the Directorate of online and distance education, Anna University, Coimbatore and learning centre operator has also been find place in the typed set of papers filed by the petitioners. On 22.07.2011, Karaikudi Alagappa University, had sent a letter to the Principal, IIPHS Fire and Safety Management, wherein, it has been specifically mentioned that their institution has been approved as a collaborating institution of Karaikudi Alagappa University, for the period of three years, to offer the following programmes: “1.Certificate in Fire & Industrial Safety Management – 60 students 2.Diploma in Fire & Industrial Safety Engineering – 60 students 3.PG Diploma in Occupational Health Safety Management – 60 students 4.B.Sc., Fire & Industrial Safety Management – 60 students In Page No.18, the certificate given by the Karaikudi Alagappa University dated 25.07.2011 has been find place, wherein, it has been stated as follows: Further, we wish to certify that M/s.IIPHS Fire & Safety College, S.Melur, Trichy Airport Road, Pudukkottai District – 622 501, is one of out Collaborating Institute to offer certificate in Fire & Industrial Safety Management, Diploma in Fire & Industrial Safety Engineering, PG Diploma in Occupational Health Safety Management, and B.Sc., Fire & Industrial Safety Management Programmes. The students of the Institute are the students of Alagappa University.” The Karaikudi Alagappa University, has also issued another certificate dated 25.07.2011 and the relevant portion of the said certificate is as follows: “The students, who are admitted for Certificate in Fire & Industrial Safety Management (1 year), Diploma in Fire & Industrial Safety Engineering (3 years), PG Diploma in Occupational Health Safety Management (1 year) and B.Sc., Fire & Industrial Safety Management (3 years) Programmes during the year 2011 – 2012, are the bonafide students of Alagappa University.” 7.Considering all the above said documents, I am of the opinion that the petitioners, after obtaining proper permission and recognition from the concerned Universities, are conducting the courses and considering the 161 (3) Cr.P.C. statement of the defacto complainant, no prima facie case has been made out against the petitioners and because of the present scenario, the present complaint has been given, which will spoil the education of the students and hence, I am inclined to grant anticipatory bail to the petitioners with certain conditions. 8. Accordingly, the petitioners/ A1, A3, A2 and A4 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Alangudi and on executing a separate 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 condition that the petitioners shall report https://hcservices.ecourts.gov.in/hcservices/ before the Court concerned daily morning at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 9. The petitioners shall appear before the concerned Judicial 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 stands dismissed. sd/- 16/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE JUDICIAL MAGISTRATE, ALANGUDI. 2. -DO- THRO THE CHIEF JUDICIAL MAGISTRATE PUDUKOTTAI. 3. THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, PUDUKKOTTAI. 4. THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. N.ANANTHA PADMANABAN Advocate SR.No.31750 SR : 16.09.2011 : 4p/6c ORDER IN CRL OP(MD) No.12027 of 2011 Date :16/09/2011 https://hcservices.ecourts.gov.in/hcservices/