Paneer Selvam v. The Inspector of Police

ORDER The petitioners apprehend arrest for the alleged offence under Sections 146 of BNS Act, 2023, and Sections 16, 17 of Bonded Labour System (Abolition) Act, 1976, in Crime No.191 of 2026, on the file of the respondent police seek anticipatory bail.

¶2The allegation against the petitioners is that they engaged bonded labourers by paying advance amounts and forced them to work as cattle grazers. The victims were allegedly subjected to harassment, and the matter came to light through government officials and NGOs. Thereafter, the victims were rescued, and a case was registered. Hence, the case has been registered.

¶3The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that the petitioners are ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioners.

¶4The learned Counsel For State of TN (Crl.Side) appearing for the respondent police reiterated the prosecution case and on instructions, submitted that the second petitioner is involved in similar offences, and he has been repeatedly engaging bonded labourers, and the investigation is at a preliminary stage. Hence, he opposed to grant anticipatory bail to the petitioners.

¶5I have gone through the FIR and also the connected materials.

¶6Since the second petitioner is a habitual offender involved in similar offences, granting bail, would hamper the investigation. Accordingly, this Criminal Original Petition stands dismissed as against the second petitioner is concerned.

7.Insofar as the first petitioner is concerned, considering the fact that the victims have been rescued and provided welfare arrangements, this Court is inclined to grant bail to the first petitioner, subject to certain conditions. [a] Accordingly, the first 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, Devakottai, Sivagangai District, on condition that the first petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate concerned and on further conditions that: [b] the first petitioner shall report before the respondent police, daily at 10.30 a.m. for a period of four weeks, and thereafter as and when required for the interrogation. [c] the first petitioner shall not commit any offences of similar nature. [d] the first petitioner shall not abscond either during investigation or trial. [e] the first petitioner shall not tamper with evidence or witness either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the first petitioner in accordance with law as if the conditions have been imposed and the first 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

09.07.2026 dss To

1.The Judicial Magistrate Court, Devakottai, Sivagangai District.

2.The Inspector of Police, Devakottai Taluk Police Station, Sivagangai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. K. RAJASEKAR,J DSS ORDER IN CRL OP(MD) No.13107 of 2026 Date : 09/07/2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09/07/2026 CORAM THE HONOURABLE MR. JUSTICE K. RAJASEKAR 1. Paneer Selvam 2. Bharathiraja Alias Barathira ... Petitioners/Accused No.1&2 Vs The Inspector of Police, Devakottai Taluk Police Station, Sivagangai District. (In Crime No.191/2026). ... Respondent/Complainant PRAYER :- AB For Anticipatory Bail in crime No 191/2026 on the file of the Respondent Police. For Petitioners : M/s P. Kannathasan, Advocate. For Respondent : Mr.N.Balasubramanian, Counsel For State of TN (Crl.Side)