Sheik Dawoodu v. The State Of Tamil Nadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Sheik Dawoodu ..Petitioner/ Accused No.3 Vs The State of Tamilnadu rep.by The Inspector of Police, Pattukottai Taluk Police Station, Thanjavur District.

(Crime No.287 of 2025) .. Respondent/Complainant For Petitioner : Mr.P.M.Vishnuvarthanan Advocate.

For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.287 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused No.3, who was arrested and remanded to judicial custody on 03.08.2025 for the offences punishable under Sections 296(b), 351(3) of BNS Act 2023 and Section 3 of the Explosive Substances Act of 1908 in Crime No.287 1/5

of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 03.08.2025, the accused Nos. 1 and 2 hurled a petrol bomb into the de facto complainant's shop due to the previous enmity over business. The accused Nos.1 and 2 were confessed that at the instigation of the petitioner / 3rd accused, the accused Nos.1 and 2 have committed the offence. On that basis, the petitioner was arrested. Hence the case.

3. The learned counsel for the petitioner would submit that this petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He has been implicated in this case on the false allegation of the accused Nos.1 and 2. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 03.08.2025, nearly for the past 18 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that totally there are three accused persons in this case. Accused Nos.1 and 2 were working under the accused No.3. Previous enmity existed between the defacto complainant and the accused No.3. In this situation, on the instigation of the petitioner/ accused No.3, accused Nos.1 and 2 were hurled petrol bomb at the defacto complainant's shop and caused damage to the tune of Rs.5,000/-. Accused Nos.1 and 2 were arrested and they are still in custody. However, he objected to 2/5

grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the affidavit filed by the defacto complainant before the Principal Sessions Judge, Thanjavur, that the petitioner / Accused No.3, has not involved in this occurrence and also the fact that the petitioner was arrested on 03.08.2025 and also the fact that major part of the investigation might have been completed by this time, this court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate, Pattukottai, and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] The petitioner shall furnish his residential address and contact number to the learned Judicial Magistrate, Pattukottai. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate, Pattukottai; [c] the petitioner shall sign before the respondent Police Station daily at 10.30 a.m. until further orders.

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[d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 21/08/2025 / TRUE COPY / 21/08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn TO

1. The Judicial Magistrate, Pattukottai.

2. Do Through The Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

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3. The Superintendent, Sub Jail, Pattukkottai. 4.The Inspector of Police, Pattukottai Taluk Police Station, Thanjavur District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.13901 of 2025 Date :21/08/2025 SBN/21.08.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5