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Madras High CourtCRL OP(MD)/509/2022allowed

G. Govindaraj v. The Inspector Of Police

2022-01-20Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI G.Govindaraj ... Petitioner/Accused Vs State Rep.by The Inspector of Police, Thanjavur Taluk Police Station, Thanjavur.

Cr.No. 1158/2021. ... Respondent/Complainant For Petitioner : M/s.Kumaraguru V S, Advocate.

For Respondent : Mr.K.Sanjay Gandhi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.1158 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner, who was arrested on 15.12.2021 for the alleged offence under Sections 370 IPC and Sections 3, 14 (1) of the Child and Adolescent Labour (Prohibition and Regulation) Act and Section 79 of the Juvenile Justice (Care and Production of Children) Act, in Crime No.1158 of 2021, on the file of the respondent police, seeks bail.

2.The case against the petitioner is that the petitioner engaged four minor boys who are aged about 8 and 9 years to look after his flock of sheep by giving Rs.25,000/- per year to their parents. The Complaint lodged by the Village Administrate Officer and the case was registered in Crime No.1158 of 2021. 3.On the side of the petitioner it is stated that all the boys are close relatives and the petitioner is not having any previous case. It is also stated that the petitioner was arrested and 1/3

remanded to judicial custody on 15.12.2021. Hence, he prays for grant of bail to the petitioner.

4.On the side of the respondent, it is stated that the petitioner engaged four minor boys who are aged about 8 and 9 years to look after his flock of sheep by giving Rs.25,000/- per year to their parents and the RDO secured all the boys. It is also stated that the petitioner is having four previous cases under TNP Act and prayed the petition to be dismissed.

5.It is seen that that the petitioner is in judicial custody from 15.12.2021. Considering the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions. 6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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 learned Judicial Magistrate-2, Thanjavur, on further condition that the petitioner shall report before the concerned magistrate on every Saturday at 10.30 a.m. until further orders.

sd/- 20/01/2022 / TRUE COPY / 20/01/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE-2, THANJAVUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

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3 THE OFFICER INCHARGE, PUDUKOTTAI SUB JAIL, PUDUKOTTAI DISTRICT.

4 THE INSPECTOR OF POLICE THANJAVUR TALUK POLICE STATION, THANJAVUR.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to MR.V.S.KUMARAGURU, Advocate (SR.No.331)

ORDER

IN CRL OP(MD) No.509 of 2022 Date :20/01/2022 RS/JM/SAR.4(20.01.2022) 3P-7C 3/3