Madhaiyan Periyasamy v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1967 of 2020 • Madhaiyan Periyasamy S/o Periyasamy Aged About 45 Years R/o No. 2/304, Sathya Nagar Thokkalpatti, Thadangam, District Dharmapuri (Tamilnadu).

---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Darbha, District Bastar Chhattisgarh.

---- Respondent For Applicant : Shri Vivek Sharma, Advocate For Respondent/State : Shri Siddarth Dubey, Dy.GA Hon'ble Smt. Justice Rajani Dubey Order On Board 11/06/2020 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 38/2019 registered at police station Darbha, district Bastar (CG) for the offence punishable under Sections 363 and 370(3)(5) IPC.

As per prosecution case, the co-accused took the complainant and three others who are minors, to Tamil Nadu on the pretext of providing them employment and thereafter the owner of the company instead thereof kept them as bonded labourers and took work from them for 18-20 hours without paying any wages. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the independent

witnesses have not supported the prosecution case and have turned hostile. He further submits that the applicant is in jail since 15.09.2019 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion.

On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

It is made clear that if the applicant has already been released on bail pursuant to the bail bonds already furnishing in view of the order passed by the High Power Committee constituted in compliance of the order of the Supreme Court of India dated 23.03.2020 in the matter of In Re: Contagion of COVID 19 Virus in Prisons (Suo Moto Writ Petition (C) No. 1/2020), he need nod furnish bail bonds afresh and the bail bonds already furnished shall be deemed to be the bail bonds furnished in compliance of the order of this Court, but if he has not furnished the bail bonds earlier, then he will be required to furnish bail bonds within four weeks' from today.

Sd/- (Rajani Dubey) Judge

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