D. Dhinakaran v. The State Rep.By The Sub Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN D.Dhinakaran ... Petitioner Vs.

State, Rep. by the Sub Inspector of Police Sirupakkam Police Station.

(Crime No.21 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of BNSS, to enlarge the petitioner on bail in the event of arrest Crime No.21 of 2025, on the file of the respondent Police.

For Petitioner : Mr.S.Sudhanthiran For Respondent : Mr.S.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 115 (2), 133, 351(2) of BNS r/w Section 75 of JJ Act, 2015 in Crime No.21 of 2025, on the file of the respondent police, seeks anticipatory bail. 1/5

2.The case of the prosecution is that, the petitioner is a English Teacher of the victim child and that the petitioner had beaten up the victim child studying in the 8th standard and kicked him and thus, committed the aforesaid offences.

3.Learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case; that the victim boy and other students fought with each other and he had only advised the victim to be calm; and that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court, and prayed for anticipatory bail to the petitioner. 4.Learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing for grant of anticipatory bail to the petitioner, reiterated the prosecution case and submitted that the petitioner is a teacher in the school and the allegation is that he had beaten the victim.

5.Heard the learned counsel for the petitioner and the learned 2/5

Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record.

6. Though the conduct of the petitioner as alleged by the prosecution may be inappropriate and unbecoming of a teacher, considering the nature of allegations, this Court is of the view that custodial interrogation is not required for the purpose of investigation, and is inclined to grant anticipatory bail to the petitioner with certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate I, Virudhachalam, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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[a]the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent police as and when required for interrogation. [c]the petitioner shall not tamper with evidence or witness either during investigation or trial. [d]the petitioner shall not abscond either during investigation or trial.

[e]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

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SUNDER MOHAN, J.

ars To 1.The Judicial Magistrate I, Virudhachalam.

2.The Sub Inspector of Police Sirupakkam Police Station.

3.The Public Prosecutor, High Court of Madras.

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