Mohamed Gufraan Vs The State rep. by

PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in connection with Crime No.101 of 2025 on the file of respondent Police.

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For Petitioner : Mr.Rajendra Prasad SVD For Respondent : Mr.R.Vinothraja Government Advocate (Criminal Side)

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O R D E R

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The petitioner, who apprehends arrest at the hands of the respondent police

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for the offences punishable under Sections 3, 3A, 14 (1), r/w 14 (1-A) of Child and Adolescent Labour (Prohibition and Regulation) Act, and under Section 75 and 79 of the Juvenile Justice (Care and Protection of Children) Act and under Section 16, 17, 18 of Bonded Labour System (Abolition) Act and under Section 143 (5), 146 of B.N.S Act, in Crime No.101 of 2025, on the file of the respondent Police, seeks anticipatory bail.

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The case of the prosecution is that, the petitioner had employed the victims who are aged about 12, 16 and 17 for labour work in his working place. Hence the case.

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The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.

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Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for grant of

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anticipatory bail to the petitioner.

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Heard both sides and perused the materials available on record .

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6 . Considering the submissions made by the learned counsel appearing on either sides and taking note of the nature of the allegations and since, custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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7.Accordingly, the petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) as non refundable deposit to the credit of the Sri Ramachandra Institute of Higher Education and Research, Current Account maintained at Indian Bank, SRU Branch, Porur, Chennai-600 116, bearing Account No.471533180 IFSC Code No.IDIB000S180, and on such deposit, 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 learned XVI Metropolitan Magistrate, George Town, Chennai, 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

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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] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

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[b] the petitioner shall deposit a sum of Rs.25,000/(Rupees Twenty Five Thousand only) as non refundable deposit to the credit of the Sri Ramachandra Institute of Higher Education and Research, Current Account maintained at Indian Bank, SRU Branch, Porur, Chennai-600 116, bearing Account No.471533180 IFSC Code No.IDIB000S180,

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[c] the petitioner shall report before the respondent Police as and when required for interrogation;

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[d]The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

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[e] the petitioner shall not directly or indirectly cause any threat to the defacto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;

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[f] the petitioner shall make himself available for interrogation by a Police office as and when required;

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[g] the petitioner to give an undertaking that if required for

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being identified by witnesses during investigation or for Police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

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

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[i] 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 petitioner 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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[j] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

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