Dhavood Hussain @ Setu v. The State

Crl.O.P.No.5620 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 28.02.2025CORAM THE HON'BLE MR. JUSTICE SUNDER MOHANCrl.O.P.No.5620 of 2025Dhavood Hussain @ Setu ... PetitionerVs.The State represented by, The Inspector of Police,K-2 Ayanavaram Police Station, Chennai District. (Crime No.66 of 2025).... RespondentPRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.66 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr.G.VasudevanFor Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)O R D E RThis Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 13.02.2025, seeking bail in Crime No.66 of 2025 registered for the offence under Sections 126(2), 296(b), 115(2), 311, 125, 351(3) of BNS [ 341, 294(b), 323, 397, 338, 506(ii) of IPC]1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.5620 of 20252. The case of the prosecution is that the petitioner along with other accused assaulted the defacto complainant and also robbed a sum of Rs.580/- at knife point. Hence, the case. 3. 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 petitioner is in custody from 13.02.2025 and further custody is not required for the purpose of investigation. Hence, he prayed for grant of bail to the petitioner. 4. Learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that, apart from this case, petitioner has 3 previous cases and in those cases, he is on bail. 5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record.6. Considering, the nature of allegation; period of incarceration; 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.5620 of 2025petitioner is on bail in other cases and that since further custody is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions.7. Accordingly, the petitioner is ordered to be released on bail on their executing 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 V Metropolitan Magistrate Court at Egmore 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 report before the respondent Police, everyday at 10.30 a.m., until further orders;[c] the petitioner shall not abscond either during investigation or trial;[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;[e] 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 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.5620 of 2025bail 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];[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.28.02.2025SmaTo1. V Metropolitan Magistrate Court,4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.5620 of 2025 Egmore. 2. The Inspector of Police, K-2 Ayanavaram Police Station, Chennai District. 3. The Superintendent,1.Central Prison, Puzhal, Chennai. 4. The Public Prosecutor, High Court of Madras.5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.5620 of 2025SUNDER MOHAN., J.Sma Crl.O.P.No.5620 of 202528.02.20256/6