K.Syed Ibrahim v. The State Rep. By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR K.Syed Ibrahim .. Petitioner Vs.

State rep. by The Inspector of Police Race Course Police Station Coimbatore District Crime No.281 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner on bail in connection with Crime No.281 of 2025 under Section 75 of Juvenile Justice Act, on the file of the The Inspector of Police,,Race Course Police Station,Coimbatore District For Petitioner :

Mr.T.Dhanush For Respondent :

Mr.A.Gokulakrishnan Additional Public Prosecutor For Intervenor :Mr.R.L.Dhilipan Pandian 1/7

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 23.05.2025, for the offence punishable under Section 75 of Juvenile Justice Act, in Crime No.281 of 2025 on the file of respondent police, seeks bail.

2. The case of the prosecution is that that petitioner is running a Gymnastics centre in which the defacto complainant's minor son was abused by a trainer. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that the petitioner is in no way connected with the alleged offence, however, he is suffering incarceration from 23.05.2025. It is the contention of the petitioner that he is working as Gymnastics coach under the Sports Development Authority of Tamil Nadu, Government Stadium, Coimbatore. It is his contention that one of the trainee's father had lodged a complaint as if he had given harsh treatment and punishment to the trainees. Hence, the petitioner was arrested on 23.05.2025 for the offence Section 75 of Juvenile Justice Act. He further submitted that the alleged offence, being under Section 75 of Juvenile Justice Act, is a bailable offence and even as per the first proviso, the maximum punishment prescribed is upto five years. In such circumstances, Section 86(3) of the said Act 2/7

would come to the aid of the petitioner and therefore, the arrest and detention of the petitioner is unreasonable. Hence, he prayed for grant of bail to the petitioner.

4. Learned Additional Public Prosecutor appearing for the respondent police, while opposing for grant of bail to the petitioner, submitted that the one of the trainee's father had lodged a complaint stating that the petitioner, under the guise of providing training, had caused sufferings to the trainees and inflicted harsh punishment including isolating them in secluded places. Further, the petitioner's contention that the offences are bailable is not sustainable, as per the second proviso of the relevant section, the punishment prescribed is four years along with a fine of Rs.5 lakhs. Hence, the offence is non-bailable and cognizable offence. Accordingly, the petitioner was arrested and remanded to judicial custody and he has been in prison since 23.05.2025.

5. Mr.R.L.Dhilipan Pandian, learned counsel for the intervenor that petitioner has been involved in similar kind of act against other children as well and he has been constantly committing such offence. He also submitted that there are instances that petitioner exceeding his training schedule and also made inappropriate touches on the victim. He also submitted that if the petitioner is released on bail, he may commit the similar offence and endanger the safety of 3/7

the children.

6. Heard both sides and perused the materials available on record.

7. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side and considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

8. Accordingly, the petitioner is ordered to be released on bail on his executing 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 learned Judicial Magistrate-III,Coimbatore and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for further interrogation;

[c] the petitioner shall make himself available for 4/7

interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 26.06.2025 nr Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

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2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

M.NIRMAL KUMAR, J.

nr To 6/7

1. The learned Judicial Magistrate-III,Coimbatore The Inspector of Police Race Course Police Station Coimbatore District

3. The Superintendent, Central prison, Coimbatore.

4. The Public Prosecutor, High Court, Madras.

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