CHENNAI: The Madras High Court on Tuesday revoked an order of a judicial magistrate in Salem granting bail to Periyar university Vice-Chancellor R Jaganathan in cases related to alleged misappropriation of funds and caste-based abuse against a Dalit association leader.
Jaganathan was arrested by the Salem police on December 26, 2023, based on complaints filed by Elangovan, president of the Periyar University staff union. He was booked under relevant sections of the IPC and SC/ST (Prevention of Atrocities) Act. When produced before the Judicial Magistrate-II in Salem, the magistrate refused to remand him and instead granted bail.
The High Court had recently dismissed a petition filed by the V-C seeking to quash the FIR. Meanwhile, the police filed a criminal appeal against the magistrate’s order.
While partly allowing the appeal, Justice P Velmurugan held that while “there is no error in the order of rejection of remand” as it falls under the magistrate’s subjective satisfaction, the act of granting bail was “beyond the jurisdiction” of the magistrate.
Concurring with the arguments of Additional Public Prosecutor E Raj Thilak, the judge said, “Furthermore, when the offence (under Section 409 IPC here) is triable only by the Court of Sessions, the magistrate has no jurisdiction or power to grant bail to the accused.”
The court directed Jaganathan to extend his “fullest cooperation” to complete the investigation. If he fails to do so or is found attempting to tamper with evidence, the investigating officer is free to arrest him and take him into judicial custody to complete the probe.