V.Meganathan v. The State Rep By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-05-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR

1. V.Meganathan S/o. Venugopal No. 105/40, Elathi Street, Thendrai Nagar, Tiruchirappalli, Tamil Nadu-620 02 1 Petitioner(s) Vs

1. The State Rep by, Inspector of Police, Tiruppur South Police Station, Tiruppur City, (Crime.No. 339 of 2025) Respondent(s) PRAYER to enlarge the Petitioner on bail in the event of his arrest in Crime.No. 339 of 2025, on the ale of the respondent police and thus render justice. For Petitioner(s):

Mr.Murali Krishnan L.

For Respondent(s) Mr.R.Vinothraja Government Advocate (Crl.Side)

ORDER

The petitioner, apprehends arrest for the alleged offences under Sections 420, 468, 471 of I.P.C. in Crime No.339 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the de-facto complainant during 2018-2019 had approached one Karthikeyan (A1) for getting admission for his son and his brother's son in Kendra Vidyalaya School at Sulur. A1 assured to get admission and demanded Rs.2,50,000/- for the defacto complainant's son and Rs.3,00,000/- for his brother's son and accordingly, the defacto complainant allegedly paid Rs.50,000/- as advance to A1. Thereafter, on 12.07.2018, A1 gave xerox copy of the admission card. Thereafter, he allegedly paid the balance amount of Rs.4,50,000/- to A1. The de-facto complainant's son and his brother's son attended school. On 20.08.2018, the school authorities demanded original admission card from the de-facto complainant. Thereafter, the said A1 returned Rs.50,000/- and agreed to pay balance but no amount was returned to him. Hence, he lodged the complaint as if the accused have committed an offence as alleged.

3. Learned counsel for the petitioner submitted that the petitoner is presently working as Principal in Kendira Vidayalaya, Perambalur. During 2018-2019, when he was working as Principal in Kendra Vidyalaya, Sulur, the

son of the de-facto complainant and other six students got admission based on the admission card produced by them. As original admission card was not produced by the students, only provisional admission was given to them. However, later it was noticed and found that the admission card was fake and therefore, the admission was cancelled. Apart from the same, the petitioner has nothing to do with the alleged crime. Even as per the FIR, there is no whisper of allegation against the petitioner herein. For the summons issued by the respondent police, the petitioner as in the capacity as Principal has given reply. The learned counsel further submitted that the petitioner is ready to appear before the respondent police and disclose all the facts known to the petitioner. However, he is ready and willing to abide by any of conditions imposed by this Court.

4. Learned Government Advocate (crl.side) submitted that, the de-facto complainant, who is a Head Cosntable had approached the accused for getting admission in Kendira Vidayala school for his son and brother's son and the accused promised to get admission for their children and collected Rs.5,00,000/- and gave forged xerox copy of admission card to the de-facto complainant. The petitioner was very well aware of the fact that the document was not original, but had given admission and later the admission was canelled. When the petitioner was called for enquiry, he neither cooperated nor gave any explanation.

5. Considering the fact that the offence was committed in the year 201819, the FIR was registered in the year 2025 and the petitioner, as a principal had cancelled the admission of the de-facto complainant's son, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order, before the learned Judicial Magistrate II, Tiruppur, on condition that the petitioner shall execute a 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 and on further condition that:

[a] 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 appear before the respondent police every Saturday and Sunday at 10.30 a.m for a period of three months and thereafter, as and when required for further interrogation;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

16-05-2025 ASI/UMA To

1. The Inspector of Police, Tiruppur South Police Station, Tiruppur City.

2. The Judicial Magistrate - II, Tiruppur.

3. The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR J.

ASI/UMA 16-05-2025