Justin Thiraviam v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Justin Thiraviam, S/o.Savari Muthu ... Petitioner/Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Ponmalai Police Station, Trichy City.

(Crime No.141 of 2025) ... Respondent/Complainant For Petitioner : Mr.Mohideen Basha.N., Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No.141 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2) and 351

(3) of BNS, 2023 r/w. Sections 71 and 85 of the Juvenile Justice Act in Crime No.141 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is the Headmaster of Irudhaya Higher Secondary School, Ponmalai, Trichy District. The de-facto complainant is the mother of a student studying in the 9th standard in the said school. During the conduct of the SSLC Public Examination, certain belongings of other students went missing. When the matter was brought to the knowledge of the petitioner, he instructed the Physical Education Teacher (PET) to conduct an enquiry. During the said enquiry, the PET teacher is alleged to have beaten the defacto complainant's son severely. Hence, the present case. 2/6

3. The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and has been falsely implicated in this case. He further submitted that the petitioner has deep roots in the society. He however submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that there are totally two accused persons in this case and the petitioner has been arrayed as A1. A2 is still absconding. He further submitted that no one sustained any injuries. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and considering the offences allegedly committed by the petitioner, and also taking note of the fact that no one sustained any injuries, and that as the date of registration of F.I.R. is 01.05.2025, by this time most of the investigation might have been completed, this Court is inclined to enlarge the petitioner on anticipatory bail.

6. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of 3/6

receipt of a copy of this order, before the learned Judicial Magistrate No.5, Trichy 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.5, Trichy and on further conditions that: (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 furnish his residential address and mobile number to the learned Judicial Magistrate No.5, Trichy. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.5, Trichy;

(c) the petitioner shall report before the respondent police weekly twice i.e. on every Monday and Thursday at 10.30 a.m., until further orders; (d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

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(e) the petitioner shall not abscond either during investigation or trial; (f) 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]; and; (g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 24/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn TO 1.The Judicial Magistrate No.5, Trichy.

2. Do Through The Chief Judicial Magistrate, Trichy.

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3.The Inspector of Police, Ponmalai Police Station, Trichy City.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.8696 of 2025 Date :24/06/2025 HPS/14.07.2025 /6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6