Bharathiraja v. State Of Tamilnadu Rep By Inspector Of Police, Devakottai Taluk

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/12/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Bharathiraja ... Petitioner/sole Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Devakottai Taluk Police Station, Sivagangai District.

(Crime No.358 of 2025).

... Respondent/Complainant For Petitioner : Mr.H.Mohammed Imran, for M/s.Ajmal Associates, For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-33B. For Bail in Crime no.358 of 2025 on the file of the Respondent Police.

ORDER : The Court made the following order :- 1/6

The petitioner, who was arrested and remanded to judicial custody on 04.12.2025 for the offences punishable under Sections 143 of B.N.S Act, and Section 4,16,17 of Bonded Labour System (Abolition) Act, 1976, in Crime No.358 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner engaged one Varadarajan and his wife Saranya for goat-grazing work on payment of an advance amount of Rs.50,000/- and promised monthly wages of Rs.9,000/- but subsequently, paid only Rs. 500/- per week, and did not allow them to return to their native place and made them work under alleged bonded labour condition for about 1 1⁄2 years at Thalakkavayal village. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by 2/6

the prosecution. He further submitted that the petitioner is in judicial custody from 04.12.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner has no previous cases. However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and considering the nature of offence and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Magistrate, Devakottai, and on further conditions that :- 3/6

[a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

[b]the petitioner is directed to report deposit a sum of Rs.30,000/-(Rupees thirty thousand only) to the credit of Crime No.358 of 2025. On such deposit being made, the learned Magistrate shall accept the sureties furnished by the petitioner;

[c] the petitioner shall report before the respondent police daily at 10.30 a.m.,until further order;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[e] the petitioner shall not abscond either during investigation or trial;

[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate 4/6

action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

15.12.2025 PJL TO

1. The Judicial Magistrate,Devakottai.

2. Do-Through The Chief Judicial Magistrate, Sivagangai District.

3. The Superintendent, Sub Jail, Thiruppathur.

4. The Inspector of Police, Devakottai Taluk Police Station, Sivagangai District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

S.SRIMATHY,J PJL

ORDER

IN CRL OP(MD) No.22987 of 2025 Date : 15/12/2025 6/6