Madras HC Grants Regular Bail to Former ABVP Chief Dr. Subbiah Shanmugam In Harassment Case

Madras Hc Law Insider

Anurupa Pal

Published On: 25 March, 2022 at 17:50 IST

The Madras High Court, granted Regular Bail to Dr. Subbiah Shanmugam who was Arrested for an Incident of Urinating before a Woman Neighbour’s House in 2020.

The Court directed him to appear Before the Court Investigating Officer as and when required.

Justice G. Jayachandran while granting Bail observed that it cannot agree with the Statement made by AAG J.Ravindran that there were No Mala Fides in the Arrest .

He was Booked under Sections 271 ,427, 447 of Indian Penal Code and Section 3 of Tamil Nadu Public Property (Prevention of Damaged and Loss) Act, 1992 read with Section 4 of the Tamil Nadu Prohibition and Harassment of Women Act, 1998.

When the Court asked why an Arrest was made more than 1.5 years after the Incident on a Saturday.

The Advocate General had submitted that the Witnesses had given Statements only on March 6 upon which the Arrest was made and also, he further stated that there are no Saturdays, Sundays for Law Enforcing Agencies.

The Proceedings were initiated on a Complaint Lodged by the Nephew of the Victim. It was Submitted by the Victim that after the incident took place they have come to an understanding and are living peacefully and do not intend to Pursue the Matter.

Her nephew, the De Facto Complainant, stated that he wishes to continue with the Prosecution. Both the Victim and the De Facto Complainant were present before the Court.

On a Petition filed by Dr. Subbiah challenged his Suspension from service Justice D Krishnakumar had Reserved Orders.

The Director of Medical Education had ordered the Dismissal of Dr. Subbiah, on February 17 Accusing him of Violating the Code of Conduct for Civil Servants having links with Political Movements.

Also Read: MU Sexual Harassment Case: Karnataka HC stayed the Order that ICC Report Cannot be the Sole Basis for Dismissal

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