Mahanthroy v. State Rep.By The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Mahanthroy

...Petitioner/Accused

Vs.

State rep by The Sub Inspector of Police, RPF/GRP, Egmore, Chennai.

(Crime No.112 of 2025) ...

Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.112 of 2025 pending investigation on the file of the respondent police. For Petitioner :

Mr.V.Anandhan For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) Page No.1 of 6

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 26.03.2025, seeking bail in Crime No.112 of 2025 registered for the offence under Section 146 of BNS, 2023 r/w Sections 17 and 20 of Bonded Labour System (Abolition Act).

2.It is the case of the prosecution that the petitioner brought four child labourers from Bihar and made an attempt to involve them as bonded labours in construction and other fields. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is innocent; that the petitioner has no bad antecedents; and that the petitioner is in custody from 26.03.2025 and hence, further custody of the petitioner is not required and sought for bail. 4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the victims have been secured, the final report has been filed and that the petitioner has no bad antecedents. Page No.2 of 6

5.Heard the learned counsel on either side and perused the materials available on record.

6.Considering the nature of allegations, period of incarceration, the fact that the victims were secured, the final report has been filed, the petitioner has no bad antecedents, and since further custody of the petitioner is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions. 7.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties (one surety must be a blood relative of the petitioner and another surety must be a local surety), each for a like sum to the satisfaction of the XIV Metropolitan Magistrate, Egmore, Chennai, and on further conditions that:

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[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 report before the respondent Police, everyday at 10.30 a.m., until further orders; [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 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

29.04.2025 ata Page No.4 of 6

Copy to:

1.The Sub Inspector of Police, RPF/GRP, Egmore, Chennai.

2.The XIV Metropolitan Magistrate, Egmore, Chennai. 3.The Superintendent of Prison, Central Prison, Puzhal. 4.The Public Prosecutor, High Court, Madras.

Page No.5 of 6

SUNDER MOHAN, J.

ata 29.04.2025 Page No.6 of 6