Dawood Hussain v. Home, Prohibition And Excise Department

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL Dawood Hussain S/o Lathif Hussain, No.20, Jawahar Hussain Khan 5th Street, Royapettah, Chennai 600014.

..Petitioner(s) Vs Home, Prohibition and Excise Department The Inspector of Police, D3 - Ice House Police Station, Chennai ..Respondent(s) Criminal Original Petition is filed under Section 483 of BNSS to enlarge the petitioner on bail pending investigation in crime no.111 of 2026 on the file of the Inspector of Police, D3 Ice House Police Station, Chennai. For Petitioner(s):

Mr.P.Thinesh For Respondent(s):

Mr.R.Vinothraja, Government Advocate (Crl.Side) Order The petitioner/Accused, who was arrested and remanded to judicial custody on 27.04.2026 for the offences punishable under Sections 296(b), 115(2), 118(1), 109(1), 351(3) of BNS (294(b), 323, 324, 306, 506 IPC) in Cr. No.111 of 2026, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused had assaulted the defacto complainant and caused injury. Hence, the present case.

3. The learned counsel for the petitioner would contend that the petitioner has been falsely implicated in this case. The petitioner is an innocent and he is nothing to do with the alleged offences. The earlier bail application filed by the petitioner before the Trial Court was dismissed. He is in judicial custody from 27.04.2026. Therefore prayed to grant bail to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that due to quarrel between the petitioner and the defacto complainant, the petitioner assaulted him and caused injuries. Based on the complaint given by the defacto complainant, the case was registered against the petitioner. There are no previous cases pending against the petitioner and now the injured has been discharged from the hospital. However, he strongly opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions made on either side, considering the nature of offences, and the fact that the petitioner is in judicial custody from 27.04.2026, and there are no previous cases against him and further the injured

has also been discharged from the hospital, this Court is inclined to grant bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to 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 learned II Metropolitan Magistrate, Egmore and on further conditions that: [b] the petitioner shall report before the respondent Police, daily at 10.00 a.m. until further orders;

[c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.

13-05-2026 Index: Yes/No Speaking/Non-speaking order SK Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

13-05-2026 Index: Yes/No Speaking/Non-speaking order SK To 1.The Inspector of Police, Home, Prohibition and Excise Department D3 - Ice House Police Station, Chennai 2.II Metropolitan Magistrate, Egmore.

3.The Superintendent of Prison, Central Prison, Coimbatore.

4.The Public Prosecutor, Madras High Court.

P.DHANABAL J.

sk 13-05-2026