Till the internal complaints committee (ICC) proceedings are completed and till police investigation in the matter is completed, the applicant will not be posted back to the university and authorities will be free to take further action as per the outcome of ICC proceedings: High Court order
Bhopal: Granting anticipatory bail to a professor in Man Singh Tomar Music and Arts University, Gwalior (State University) in a case of sexual harassment charges against him by a student High Court, Gwalior bench directed him to mark his presence every Sunday before the investigating officer during the period the investigation is pending.
However, the court made it clear that the professor- Dr Sajan Kurien Mathew would not be entitled to any duty leave or travelling allowance for visiting the police station concerned.
Prof Mathew was transferred out of Gwalior and is presently posted in Bhopal.
The HC bench comprising of Justice Vivek Jain also said, “Till the internal complaints committee (ICC) proceedings are completed and till police investigation in the matter is completed, the applicant will not be posted back to the university and authorities will be free to take further action as per the outcome of ICC proceedings.”
The HC order came on June 5 on a petition filed by the professor to seek the anticipatory bail in connection with crime number 127 of 2025 registered at Police Station Jhansi Road, Gwalior for the offences punishable under sections 74,75, 79, 351(2) of BNS, 2023.
As per the HC order, counsel for the professor contended that the 56-year-old professor has put in almost 20 years in teaching at the state university. The complaint was lodged by one female student of the university that between the period January 15, 2024 and March, 2025 the applicant tried to touch the said female student inappropriately on various occasions, to which she objected.
As per the complaint lodged against the professor he also tried to click photographs of the student but could not do so as the student used to object.
The counsel pleaded that though the incident was alleged to have taken place for almost one year but no complaint was lodged and the complaint was lodged for the first time in April 2025 which appears to be motivated with ulterior intentions. “No voice was raised for a long time of more than one year during which the incident is alleged to have occurred. It is further contended that all the offences are punishable with imprisonment of less than 7 years and the applicant being a teacher (Professor), benefit of anticipatory bail may be accorded to him”, said the counsel.
He further contended that the internal complaint committee in terms of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 has been constituted in the matter and no finding has been given by the said committee so far and further that applicant has, in any event, been transferred out of Gwalior and has been posted to Bhopal and considering these facts also the benefit of anticipatory bail may be granted to the present applicant.
However, as per the HC order, the application was vehemently opposed by the counsel for the state and by complainant on the ground that applicant had tried to malign the holy bond between teacher and student and also that earlier also there was a case of similar nature in the year 2019, though in that case the present applicant was bailed out and no final judgment was pronounced in that case till date.
Allowing the application for the anticipatory bail subject to furnishing of personal bond in the sum or Rs one lac and certain other conditions the court also directed the professor that he shall not commit or get involved in any offence of similar nature; he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the court or to the police officer and he shall not directly or indirectly attempt to tamper with the evidence or allure, pressurise or threaten the witness.
In case of breach of any of the preconditions of bail, said the court, the trial court may consider on merit cancellation of bail without any impediment of the HC order.
