Allowed

A.Gopi v. State Rep by

Madras HC25 Jan 2021CRL OP/20955/2020

Case brief

AI extract

What is this about?

The High Court of Madras granted anticipatory bail to the petitioner seeking release under Section 438 Cr.P.C. in a bonded labor case. Conditions included a surety bond, daily reporting, and prohibitions on tampering or absconding, with warnings of legal action for breach.

What did the court decide?

Petitioner granted anticipatory bail subject to executing a bond with sureties, reporting to police daily, and adhering to strict conditions against tampering or absconding.

A.Gopi Vs State Rep by — Bail and Remand | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 25.01.2021

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CORAM

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THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN

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Crl.O.P.No.20955 of 2020

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A. Gopi .... Petitioner Vs. The state represented by .... Respondent The Inspector of Police, Thiruvalankadu Police Station Thiruvallur District. (Crime No.7 of 2021). Prayer : Criminal Original Petition filed under Section 438 of Cr.P.C to enlarge the petitioner on bail in the event of his arrest pending investigation in crime No.7 of 2021 on the file of the respondent police.

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For Petitioner : Mr.G. Thamizhazhagan For Respondent : Mr.S. Karthikeyan Additional Public Prosecutor ORDER (The case has been heard through video conference)

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The petitioner, who apprehends arrest for the alleged offences under Sections Bonded Labour System (abolition) Act 1976, in Crime No.7 of 2021, on the file of the respondent/Police, seek anticipatory bail.

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The case of the prosecution is that the petitioner is a sole accused in this case. He was running a Rabbit farm and in that farm he has employed 12 persons as bonded labourers and it is further alleged that he is not paying wages properly. Hence the complaint.

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The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for anticipatory bail to the petitioner.

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The learned Additional Public Prosecutor would submit that the petitioner is running a rabbit farm, wherein 12 persons are working as bonded labourers and he also failed to pay the wages https://hcservices.ecourts.gov.in/hcservices/

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promptly. He would further submit that the bonded labourers are rescued. However, he opposed to grant of bail to the petitioner.

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Considering the facts and circumstances of the case and also of the fact that the bonded labourers are rescued, this Court is inclined to grant anticipatory bail to the petitioner with some conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate Court, Tiruttani 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, failing which this petition for anticipatory bail shall stand dismissed and on further condition that:

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[a] the petitioner and the sureties shall affix his

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photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

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[b] the petitioner shall report before the respondent police daily for a period of two weeks and thereafter as and when required for interrogation.

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[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[d] the petitioner shall not abscond either during investigation or trial.

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[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 bail by the learned Magistrate/Trial Court himself aslaid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala[(2005)AIR SCW 5560].

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229 A IPC.

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This order, on being produced, be punctually observed and carried into execution by all concerned

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TRUE COPY

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https://hcservices.ecourts.gov.in/hcservices/

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Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

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1 THE JUDICIAL MAGISTRATE COURT, TIRUTTANI. 2 THE CHIEF JUDICIAL MAGISTRATE, THIRUVALLUR [FOR INFORMATION]. 3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS. 4 THE INSPECTOR OF POLICE, THIRUVALANKADU POLICE STATION, THIRUVALLUR DISTRICT. +1 CC to M/S.G.THAMIZHAZHAGAN Advocate on payment of necessary charges SR NO. 879 CRL OP.20955/2020 Date :25/01/2021 MN-04/02/2021

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https://hcservices.ecourts.gov.in/hcservices/

A.Gopi v. State Rep by

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A.Gopi v. State Rep by

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