Kamal Nayak And Kamal Kumar Nayak v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.7615 OF 2022 ORDER:

This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 seeking bail to the petitioner who is arrayed as Accused No.2 in the event of his arrest in Crime No.161 of 2022 on the file of Station House Officer, Charminar Police Station, Hyderabad registered for the offences punishable under Sections 370 and 374 of Indian Penal Code, Sections 3 and 14 of The Child Labour Prohibition and Regulation Act 1986, Section 75 of The Juvenile Justice (Care and Protection of Children Act) 2015 and Section 16 of The Bonded Labour System (Abolition Act, 1976). 2.

Heard learned counsel for the petitioner/Accused No.2 and learned Assistant Public Prosecutor for the respondent-State. Perused the record.

3.

The allegation against this petitioner and two others is that the 1st accused brought some children from West Bengal and they were detailed illegally in a gold shop of Accused No.3 and made them to work for twelve hours in a day. Two of the children

escaped and they were found by Railway Police and then handed over to Charminar Police.

4.

Learned counsel for the petitioner submits that Accused Nos.1 and 3 were arrested and released on bail.

5.

As seen from the allegations in the remand report of Accused No.1 and 3, Accused No.1 had brought the children to work in the shop of Accused No.3 and both Accused No.1 and 3 were arrested and released on bail. In the said circumstances, this petitioner who is Accused No.2 can be granted the relief of anticipatory bail when there are no specific allegations against this petitioner that he had brought the children from West Bengal.

6.

Accordingly, the Criminal Petition is allowed and the petitioner/Accused No.2 shall be enlarged on bail in the event of his arrest subject to the following conditions:

i) The petitioner/Accused No.2 is directed to surrender before the Station House Officer, Charminar Police Station, Hyderabad within ten days from today, and on such surrender, he shall be enlarged on bail on his executing personal bond for a sum of

Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties to the like sum each, to its satisfaction.

ii) On such release, the petitioner/Accused No.2 shall appear before the said Station House Officer on every Monday and Thursday between 10.00 a.m. and 5.00 p.m., for a period of eight

(08) weeks and thereafter as and when required. iii) The petitioner/Accused No.2 shall abide by the other conditions stipulated in Section 438(2) Cr.P.C. Miscellaneous applications, pending if any, shall stand closed. _____________ K.SURENDER, J Date: 29.08.2022 ns