Allowed

Kumar v. the State Rep by

Madras HC6 Jun 2024CRL OP/13114/2024

Case brief

AI extract

What is this about?

The petitioner sought anticipatory bail for offences under the Bonded Labour System Act, Child and Adolescent Labour Act, Juvenile Justice Act, and IPC. The court granted anticipatory bail subject to conditions including bond execution, police reporting, and non-interference with evidence.

What did the court decide?

Anticipatory bail granted subject to conditions: execute bond of Rs.10,000 with two sureties; report to police every Saturday for two months; deposit Rs.20,000 for victim family; not tamper with evide

Kumar Vs the State Rep by — Anticipatory Bail | Madras HC (2024)

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Crl.O.P.No.13114 of 2024

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T.V.THAMILSELVI, J.

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The petitioner who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 16, 17, 18 of Bonded labour system (abolition) act 1976, Section 3, 3A of the Child and Adolescent labour (Prohibition and Regulation Act) 1986, Section 75, 79 of the Juvenile Justice (Care and protection of children) act 2015 r/w Section 370, 374 IPC in Crime No.59 of 2024, seeks anticipatory bail.

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The case of the prosecution is that the petitioner used the

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victims child for grazing the goat. Hence, the case.

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Heard both sides.

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Considering the above fact and circumstances of the case, the

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victim child secured from the petitioner and also there is no bad antecedents against the petitioner. Hence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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Accordingly, the petitioner is ordered to be released on bail in

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the event of arrest or on their appearance, within a period of fifteen days

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https://www.mhc.tn.gov.in/judis

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from the date on which the order copy made ready, before the learned Judicial Magistrate, Kattumannarkoil , Cuddalore District on condition that the petitioner 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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[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 Aadhar card or Bank pass Book to ensure their identity.

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[b] the petitioner shall report before the respondent police on every Saturday at 10.30 a.m. for a period of two months and thereafter, as and when required for interrogation. Further, the petitioner shall deposit a sum of Rs.20,000/- to the crime No. 59 of 2024 and the victim family is permitted to withdraw the same.

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

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https://www.mhc.tn.gov.in/judis

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

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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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].

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

06.06.2024

pbl

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https://www.mhc.tn.gov.in/judis

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T.V.THAMILSELVI, J.