Bales Ray v. The State Rep By Its,
T.V.THAMILSELVI, J.
The petitioner, who apprehends arrest for the alleged offence under Sections 14(1A) of the Child and Adolescent Labour (Prohibition and Regulation )Act, 1986 altered into Section 14(1A) of the Child and Adolescent Labour (Prohibition and Regulation )Act, 1986 and Amendment Act, 2016 and Section 79 of Juvenile Justice (Care and Protection of Children ) Act, 2015 and Section 370 of IPC in Cr.No.378 of 2022 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 15.07.2022 at about 2.00pm when the defacto complainant/ Labour Inspector had conducted a raid at A1's Poultry Farm namely Sekar Poultry Feeds and found that three minor adolescents were working in his farm. Thereafter, they were rescued and handed over to Children Welfare Committee and a case has been registered against the accused persons.
3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.
4.The learned Government Advocate (Crl. side) submits that the minor labours were secured and handed over to their parents. He would further submit that in this case, investigation is almost completed. He would also submit that there is no previous case as against the petitioner. However, he opposed for granting anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case and the submissions made by the learned counsels, this Court is inclined to grant anticipatory bail to the petitioner.
6.Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Attur 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned 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 on every Saturday at 10.30 a.m. for a period of eight weeks and thereafter appear before the Trial Court on all hearing dates without fail. (c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioner shall not abscond 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 anticipatory 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;
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
05.12.2022 nr
T.V.THAMILSELVI, J.
nr 05.12.2022