CRL OP NO. 17891 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-07-2025 CORAM THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR CRL OP NO. 17891 of 2025 S.Thulasi S/O Srinivasan, No. 5, Arjun Main Road, Modern City, Pattabiram, Thiruvallur DistrictNo. 5, Arjun Main Road, Modern City, Pattabiram, Thiruvallur District Petitioner(s) Vs The State Rep By, The Inspector Of Police Vengal Police Station, Thiruvallur District. Crime No.172 of 2025. Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in Crime No.172 of 2025 on the file of the respondent police. For Petitioner(s): M/s.V. Kayalvizhi For Respondent(s): M/s. Leonard Arul Joseph Selvam, Government Advocate (crl. Side) ORDER The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 16, 17, 18 of Bonded Labour System (Abolition) Act, 1976 r/w 143, 146, 127 (4), 319 (2) and 318 (4) of BNS in Crime No.172 of 2025, seeks anticipatory https://www.mhc.tn.gov.in/judis bail. 2. The case of the prosecution is that the petitioner had employed 80 bonded labourers and they are from Odisha. Each paid Rs.35,000 as advance. Hence the complaint. 3.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 custodial interrogation of the petitioner is not required and sought for anticipatory bail to the petitioner. 4.The learned Government Advocate (Criminal side) reiterated the prosecution case and submitted that above said 80 bonded labourers had been rescued and sent back to their natives. Hence, he opposed for grant of anticipatory bail to the petitioner. 5.Considering the above facts and circumstances of the case and since custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) as non refundable deposit to the credit of the Birds Nest Old Age Home, Plot No.106, Masjid Stret, Sri Devi karumariyamman Nagar, Thiruverkadu, Chennai - 77, Contact Number - https://www.mhc.tn.gov.in/judis 9952643622/9487275082, Email I.D - birdsnestbsadd@gmail.com 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 Judicial Magistrate II, Thiruvallur, 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, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; [b] the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) as non refundable deposit to the credit of the Birds Nest Old Age Home, Plot No.106, Masjid Stret, Sri Devi karumariyamman Nagar, Thiruverkadu, Chennai - 77 , Contact Number - 9952643622/9487275082, Email I.D - birdsnestbsadd@gmail.com [c] the petitioner shall report before the respondent Police daily at 10.30 a.m for a period of two weeks; thereafter as and when required for interrogation; [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; https://www.mhc.tn.gov.in/judis [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; [f] the petitioner shall make himself available for interrogation by a Police office as and when required; [g] the petitioner to give an undertaking that if required for 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; [h] the petitioner shall not abscond either during investigation or trial; [i] 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 as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; M. NIRMAL KUMAR, J. [j] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 10-07-2025 ep CRL OP NO. 17891 of 2025 To https://www.mhc.tn.gov.in/judis 1. The State Rep By, The Inspector Of Police Vengal Police Station, Thiruvallur District. Crime No.172 of 2025.No. 5, Arjun Main Road, Modern City, Pattabiram, Thiruvallur District 2.The Judicial Magistrate No.II, Tiruvallur. 3.The Public Prosecutor Madras High Court. https://www.mhc.tn.gov.in/judis