High Court · 2025

Crl.O.P(MD).No.9315 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Reserved on: 24.06.2025 Pronounced on: 14.07.2025PRESENTTHE HONOURABLE MR.JUSTICE P.VADAMALAICrl.O.P(MD).No.9315 of 2025and Crl.M.P.(MD) No.7877 of 2025N.KannanS/o.Naagu...Petitioner/Sole AccusedVs.The Inspector of Police,Kalaiyarkovil Police Station,Kalaiyarkovil,Sivagangai District.(Crime No.230 of 2025)... Respondent/ComplainantPRAYER: Criminal Original Petition filed under Section 482 of BNSS, to enlarge thepetitioner/accused on bail in the event of his arrest by the respondent police inCrime No.230 of 2025 on the file of the respondent police. For Petitioner :Mr.G.ThiruvarutselvanFor Respondent :Mr.S.Prakash Government Advocate (Crl.side)For Intervenor :Mr.R.Karunanithi1/7 https://www.mhc.tn.gov.in/judis Crl.O.P(MD).No.9315 of 2025 ORDERThe petitioner seek anticipatory bail upon the apprehension of arrest at thehands of the respondent police for the alleged offences U/s.4, 16 and 17 of BondedLabour System (Abolition) Act, 1976 and U/s.143(1)(a) of BNS, 2023 in connectionwith Crime No.230 of 2025 on the file of the respondent police.2. The case of the prosecution is that the petitioner extracted work from thevictim, who is belonged to Andhra Pradesh, as a bonded labour for 15 years forrearing goats of the petitioner without paying any wages. The victim was rescued bythe defacto complainant/Village Administrative Officer and lodged the complaint.Hence, the case is registered.3. The learned counsel for the petitioner has submitted that the petitioner hasnot committed any of the offences as alleged by the prosecution. The mainingredient for bonded labour is defined in Section 2 of the Act and there must beadvancement of money or loan, or debt given to the victim labour by the creditoremployer. There must be an agreement between the debtor and creditor. There areno such activities in this case. The victim is the adopted son of one Savarimuthu,who is the paternal uncle of the petitioner. After the demise of Savarimuthu, thevictim inherited his properties. The petitioner has produced a copy of patta, familycard and bank account passbook of the victim. The petitioner owned 35 goats andthe victim owned 21 goats. Both the petitioner and the victim used to rear goats. The2/7 https://www.mhc.tn.gov.in/judis Crl.O.P(MD).No.9315 of 2025victim is not bonded labour under the petitioner. The petitioner has not committedany offence as alleged by the prosecution and he is ready to abide by any conditionimposed by this Court. 4. The learned Government Advocate (Criminal Side) appearing for therespondent police filed a counter and objected the petition. The learned counselfurther submitted that the victim was rescued from the bonded labour, the enquiryconducted by the Zonal Deputy Tahsildar revealed that the victim was used asbonded labour. The alleged aadhaar card of the victim was procured at the instanceof the petitioner. The victim worked as bonded labour for 15 years without anywages and it was calculated to Rs.8,22,916/- by the Labour Welfare department.The contents of the petitioner that the victim is his relative and has lands &properties would be unearthed only on thorough investigation. If the petitioner isgranted anticipatory bail, he would tamper with the evidences. 5. The learned counsel for the intervening petitioner has argued that based oninformation, the labour department officials conducted inspection at the accused'sresidence and found that the victim was worked as bonded labour for the past 15years. As per data, the unpaid wages are calculated to Rs.8,22,916/- by the labourdepartment concerned. Article 23 of the Constitution of India prohibits traffic inhuman beings and forced labour. The petitioner will abscond and tamper with theevidence if he is granted anticipatory bail.3/7 https://www.mhc.tn.gov.in/judis Crl.O.P(MD).No.9315 of 20256. Heard and perused the available records. It is seen from the records that it isalleged that the victim was rescued from the petitioner, as the petitioner extractedwork from the victim as bonded labour for the past 15 years. The petitioner submitsthat the victim is his close relative and has owned lands and properties by placingcopies of patta passbook, family card and bank passbook. It is also specificcontention of the petitioner that he and the victim both used to rear goats, as theyare owners of 35 goats and 21 goats, respectively. The prosecution side has notproduced any material or statement of the villagers of the petitioner to show thealleged torture and forced labour against the victim. Though Article 23 prohibitsforced labour as argued by the intervener, Article 21 touches on the principle of 'bailis rule and jail is exception', and the same is a settled proposition by the Hon'bleSupreme Court. Moreover, the offences alleged in this case will be dealt withimprisonment upto 7 years. The Hon'ble Supreme Court laid down principles whiledeciding bail petitions in the case of Satender Kumar Antil vs. Central Bureau ofInvestigation & Anr. reported in 2022 (3) MWN (Cr) 145 (SC). The prosecutionhas not stated that the petitioner evaded police enquiry in spite of the issuance ofpolice summons. There is no previous case or any illegal activities reported againstthe petitioner. The unpaid wages calculated by the labour department can berecovered by way of taking necessary recovery proceedings as per law. Consideringthe above facts and circumstances, this Court is inclined to grant anticipatory bail to4/7 https://www.mhc.tn.gov.in/judis Crl.O.P(MD).No.9315 of 2025the petitioner with conditions.7. Accordingly, the petitioner is ordered to be released on bail in the event ofarrest or on his appearance, within a period of fifteen days from the date on whichthe order copy made ready, before the learned Judicial Magistrate No.I, Sivagangai,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 thesatisfaction of the respondent police or the police officer who intends to arrest or tothe satisfaction of the learned Judicial Magistrate No.I, Sivagangai, failing which, thepetition for anticipatory bail shall stand dismissed and on further condition that:(a) The sureties shall affix their photographs and Left ThumbImpression in the surety bond and the Judicial Magistrate concernedmay obtain a copy of their Aadhar card or Bank Pass Book to ensuretheir identity; and (b) The petitioner shall furnish his residential address and contactnumber to the learned Judicial Magistrate No.I, Sivagangai. If thepetitioner change his residential address, he shall report the same to thelearned Judicial Magistrate No.I, Sivagangai;(c) On release, the petitioner shall appear and sign before theInspector of Police of respondent police station daily at 10.00 a.m. untilfurther orders.5/7 https://www.mhc.tn.gov.in/judis Crl.O.P(MD).No.9315 of 2025(d) The petitioner shall not abscond either during investigation ortrial and he shall cooperate for the investigation;(e) The petitioner shall not tamper with evidence or witness eitherduring investigation or trial;(f) On breach of any of the aforesaid conditions, the learnedJudicial Magistrate/Trial Court is entitled to take appropriate actionagainst the petitioner in accordance with law as if the conditions havebeen imposed and and if there is any violation of condition, theInvestigation Officer is within his discretion to approach the Court ofthe learned Judicial Magistrate, concerned for cancellation of bail as perthe ruling of the Hon'ble Supreme Court reported inP.K.Shaji/Vs/State of Kerala, (2005) AIR S.C.W.5560 and;(g) if the accused/petitioner thereafter abscond, a fresh FIR can beregistered under Section 269 of BNS, 2023. Consequently, theconnected Miscellaneous Petition is closed. sd/- 14.07.2025 / TRUE COPY / / /2025 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. 6/7 https://www.mhc.tn.gov.in/judis Crl.O.P(MD).No.9315 of 2025VSDTo1.The Judicial Magistrate No.I, Sivagangai.2. Do Through: The Chief Judicial Magistrate, Sivagangai.3.The The Inspector of Police, Kalaiyarkovil Police Station, Kalaiyarkovil, Sivagangai District. (Crime No.230 of 2025)4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.Pre - Delivery Order made inCrl.O.P(MD).No.9315 of 2025and Crl.M.P.(MD) No.7877 of 202514.07.2025KM (24.07.2025)/7P/5CMadurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.7/7