Si Of Police Bavanisagar v. Venkatachalam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (C.C.No.51 of 2020 of Judicial Magistrate, Sathyamangalam Taluk, Erode) State rep. by Inspector of Police, Bhavanisagar Police Station, Erode district.

... Petitioner Vs.

Vengatasalam ... Respondent For Petitioner : Mr.S.Sugendran Additional Public Prosecutor

ORDER

This Suo Motu Case is dealt with in an extraordinary manner by the Dedicated Bench, pursuant to Suo Motu.W.P.(Crl.) No.618 of 2025.

2. This is a case of bonded labour accident case, complaining of an offence under Section 16 of the Bonded Labour System (Abolition) Act, 1976. Reference can be made to the detailed order passed by this Court dated 01.09.2025 in W.P. (Crl.)No.618 of 2025.

3. In that view of the matter, the following was considered: Page No.1 of 4

(i) The labour have been recused and they also submitted that they do not want to pursue the case further.

(ii) The labour have also received compensation. (iii) The accused has no previous or subsequent case and a due report from the probationary officer regarding his conduct has already been received. (iv) The accused admits the crime.

4. In view thereof, I find that this is a fit case where the provisions of the Probation of Offenders Act, 1958, can be invoked. Accordingly, upon the plea of the accused, the accused is found guilty of the offence under Section 16 of the Bonded Labour System (Abolition) Act, 1976. However, without proceeding to sentence the accused, this Court releases the accused on probation under the Probation of Offenders Act, 1958, on the following conditions:

(a) The accused shall execute a bond before the learned Magistrate undertaking good conduct for a period of one year, failing which he shall appear before this Court to receive sentence. (b) It is made clear that, as per Section 12 of the Probation of Offenders Act, 1958, the finding of guilty will not be a disqualification for any purpose. Page No.2 of 4

5. Accordingly, the case in C.C.No.51 of 2020 of Judicial Magistrate, Sathyamangalam Taluk, Erode shall stands disposed of and this Suo Motu Transfer Case stands disposed of.

08.09.2025 grs electronically alone. The Trial Court shall take note of the order and accordingly classify the case pending before them as allowed / dismissed / disposed of, etc, and while doing so, consider any applications such as disposal of properties, etc., and pass appropriate orders, as may be necessary. Further, the Court below is directed to dispatch the copy of this order to all concerned.

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D.BHARATHA CHAKRAVARTHY, J.

grs 08.09.2025 Page No.4 of 4