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1998(1) Crimes 579 (Mad.)
MADRAS HIGH COURT
M. Karpagvinayagam, J.
A. Suresh Babu alias Suresh -Petitioner
versus
State by Inspector of Police, Meenambakkam
Police Station, Kanchipuram Distt. -Respondent
Criminal Original Petition No. 13476 of 1997
Decided on 27-10-1997
Counsel for the Parties:
For the Petitioner: Mr. S. Palaniyappan, Advocate.
For the Respondent: Mr. P. Kumaresan, Govt. Advocate.

Headnote:Criminal Procedure Code, 1973 Section 438 - Grant of anticipatory bail only in deserving cases-Petitioner apprehensive of arrest and allegedly having committed offences under Sections 448, 341, 323, 352, 506 (ii) I.P.C. and Section 4 of Tamil Nadu Prevention of Ragging Act, 1977 -Having intruded into informant's hostel room with another fellow-Student under the pretext of ragging and subjected him to severe beating, kicking him on the stomach, stripping him and making him to stand with only underwear on the chair.

       Held: The investigation discloses that the petitioner is the son of a former M.LA. The perusal of the case diary would show that the averments in the complaint were enquired into by the investigating officer by examining the other students and the watchman in the Hostel and found them to be true. In view of the serious allegations made against the petitioner, especially when the petitioner is stated to be highly influential being a son of a former M.L.A., I am not inclined to grant anticipatory bail, which could be granted in deserving cases. In my opinion, the petitioner does not deserve this special privilege. (Paras 12 and 15)

       Result: Petition dismissed.

       

ORDER

M. Karpagavinayagam, J. "Matter in other language." (7-10) says that Great Saint Thiruvalluvar. The meaning is this: "What is the duty of the son to his father? The son should act in such a way and to make the work ask, what Tapas (penance), his father has made to beget such a son?"

2. Here is the son, viz., A Suresh Babu alias Suresh, aged about 21 years, a Second Year B. Com. student studying in AM. Jain College, Meenambakkam, instead of making the world to ask what Tapas, his father has made to be blessed with a good son, exposed his father, who is a former M.L.A., to make the world ask what sin committed by the father to beget such a son?

3. The above expression of mind is an immediate reaction over the perusal of the averments in the complaint made against the petitioner. If those averments which are under investigation and true, this Court could only say, the future of the younger generation would be bleak and gloomy.

4. The petitioner, apprehending arrest in respect of Crime No. 201/97 registered for the offences under Sections 448, 341, 323, 352 and 506(ii) IPC and Section 4 of Tamil Nadu Prevention of Ragging Act, 1997, has approached this Court seeking anticipatory bail.

5. This case relates to the sorry state of affairs, in which one Arivudai Nambi, a First year B.Sc. (Chemistry) student studying in AM. Jain College at Meenambakkam, is subjected to the suffering at the hands of two students studying in the same College on the pretext of ragging and one among those two is the petitioner.

6. The facts of the case are as follows some days prior to the date of occurrence, one Sriram, a third year student, who is a resident of Hostel, came to the room, in which the first informant Arivudai Nambi was staying, in a drunken mood and severely beat him. The first informant complained about this to the College Principal, who in turn, suspended the said Sriram from the College.

7. On 17.9.1997 at about 11.30 p.m. Arivudai Nambi was sleeping in his room in the Hostel. At that time, the petitioner Suresh, staying in room No. 121 of the same Hostel, entered into his room in a drunken mood carrying a liquor bottle in his hand Arivudai Nambi woke up from his bed and went to room No. 85 and took rest there along with his friends.

8. Half-an-hour later, the petitioner came to that room and compelled Arivudai Nambi to come to his room. When he went to h4s room, the petitioner slapped on his cheek repeatedly. He also abused the first informant by stating

"matter in other language"

and again beat and

"matter in other language"

so saying he kicked on his stomach. He further exclaimed by saying

"matter in other language"

and he pushed him on the ground. Another student by name Vinod Khanna joined him and he also repeatedly beat him. Then both of them removed the lungi and baniyan of the first informant and he was made to stand with only underwear on a chair. Then, they asked him whether he had got "sex feelings"? He sobbed and said "No ". Thereafter, both of them slapped him and the petitioner asked him

"matter in other language" .

After uttering these threatening words they again beat the first informant indiscriminately on the stomach and back. Then, they went to veranda, took some drinks and again C2me back to room and beat him. Before they left the place, they said

"matter in other language".

Then they went. After this horrible experience, the first informant immediately left the Hostel and reached his native place and informed this to his father.

9. Immediately, the father of the first informant sent a telegram to the. Principal requesting action. The father of the first informant, Kuppusamy, who is the Vice President of Thamizhaga Aasiriyar Koottani sent letters to Chief Minister and higher authorities. Thereafter, this complaint was preferred by the first informant, which was registered against the petitioner and Vinod Khanna.

10. Though the case has been registered on 25.9.1997 under the above sections, both the accused in th

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