Madras High CourtCRL OP(MD)/22938/2018ordered

Ravi v. The Inspector Of Police

2018-12-27Honourable Mr Justice B.Pugalendhi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of December Two Thousand Eighteen PRESENT The Hon`ble Mr Justice B.PUGALENDHI CRL OP(MD) No.22938 of 2018 1.RAVI 2 JEEVA ... PETITIONERS / ACCUSED Vs THE INSPECTOR OF POLICE, THOTTIYAM POLICE STATION, TRICHY DISTRICT.

(IN CRIME NO. 321 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioners : MR.S.MUTHUKRISHNAN Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government Advocate(Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners are remanded to judicial custody on 16.12.2018 in Crime No.321 of 2018 on the file of the respondent police for the offences punishable under Section 370(A)(1) of I.P.C and Sections 16 and 17 of Bonded Labour System (Abolition) Act, 1976 and they seek bail.

2. The case of the prosecution is that the petitioners used three persons as bonded labourers in their cattle shed.

3. Heard the learned counsel appearing for the petitioners and the learned Government Advocate [Criminal Side] for the respondent State.

4. According to the petitioners, they have not committed any offence as alleged by the prosecution and a false case been registered against them.

5. The learned Government Advocate [Criminal Side] opposes the grant of bail stating that the victims have been promised to pay salary of Rs.10,000/- and Rs.3,000/-. But, they have not been given https://hcservices.ecourts.gov.in/hcservices/

the salary and they have been exploited.

6. Considering the facts and circumstances of the case and also taking into consideration of the fact that even according to the complaint, the victims have been promised to pay salary and thereafter, they have not been given salary and on account of which, the Revenue Divisional Officer reported as if it is a case of bonded labourer, this Court is inclined to grant bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail subject to the following conditions:

(i) the petitioners shall execute a separate 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, Musiri.

(ii)the petitioners shall appear before the respondent police daily at 10.30 a.m., and 5.30 p.m., until further orders; sd/- 27/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE,MUSIRI.

2.DO THRO' THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3.THE INSPECTOR OF POLICE, THOTTIYAM POLICE STATION, TRICHY DISTRICT.

4.THE OFFICER INCHARGE, SUB JAIL, MUSIRI.

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

+1. CC to MR.S.MUTHUKRISHNAN Advocate SR.No.24081 ORDER IN CRL OP(MD) No.22938 of 2018 Date :27/12/2018 AE/AC/SAR1/27.12.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/