Dawood Ibrahim v. The State Rep. By Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2025

CORAM

THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR Dawood Ibrahim ... Petitioner Vs.

The State Rep. by, Inspector of Police, Hosur Police Station, Krishnagiri District.

Crime No.240 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in connection with Crime No.240 of 2025 on the file of respondent Police.

For Petitioners :

M/s.S.Kalaimani For Respondent :

Mr.R.Vinothraja Government Advocate (Criminal Side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 333, 140(1), 103(1), 238 of BNS, 2023 in Crime No.240 of 2025, on the file of the respondent 1/6

Police, seeks anticipatory bail.

2. The apprehension of the petitioner is that the petitioner is arrayed as A6. Due to previous enmity, A1, A2 and other accused have conspired together and murdered the deceased. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent persons and he has been falsely implicated in this case. He further submits that A1 and A2 conspired together and committed the murder and the petitioner being the brother of A1 has merely informed his mother about the incident, upon which she advised him to bury the body. Apart from this, there is no specific overtact attributed to the petitioner. He further submitted that the petitioner is are 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.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and vehemently opposed for grant of anticipatory bail to the petitioner. 2/6

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

6. Considering the submissions made by the learned counsel appearing on either sides and taking note of the nature of the allegations and that there is no specific overt act attributed to the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, 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, Hosur 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 fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[b] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial 3/6

Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [c] the petitioner shall report before the respondent Police daily at 10.30 a.m., until further orders; [d] the petitioner shall not abscond either during investigation or trial and he shall make himself available for interrogation by a Police Officer as and when required; [e] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;

[f] 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;

[g] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]; [h] If the accused thereafter absconds, a fresh FIR 4/6

can be registered under Section 269 of B.N.S. 01.08.2025 2/2 rap To

1. The Judicial Magistrate-II, Hosur

2. The Inspector of Police, Hosur Police Station, Krishnagiri District.

3. The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

rap 01.08.2025 2/2 6/6