S.Jahir Hussain Vs State Of Tamilnadu Rep By Inspector Of Police

The petitioners / Accused, who were arrested and remanded to judicial custody on 01.06.2026 and 03.06.2026 respectively for the offences punishable under Sections 296(b), 118(1), 109(1), 303(2), 351(3) of BNS and Section 4 of TNPHW Act, in Crime No.188 of 2026 on the file of the respondent police, seek bail.

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The case of the prosecution is that on 01.06.2026 at about 09.00 a.m., due to prior enmity, the accused persons abused and assaulted the defacto complainant with knife and caused injuries to four persons and also threatened them with dire consequences. Hence, the complaint.

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The learned counsel appearing for the petitioners would submit that the petitioners are innocent and due to previous motive, they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution. The injured have been discharged from the hospital. He would further submit that the petitioners have been arrested and remanded to judicial custody on 01.06.2026 and 03.06.2026 respectively. Therefore, prayed to grant bail for the petitioners.

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.11535 of 2026

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The learned Government Advocate (Crl.Side) appearing

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for the respondent would submit that based on the complaint lodged by the defacto complainant, the case has been registered against the accused persons. He would further submit that first petitioner is a history sheeted rowdy and the second petitioner is having four previous cases. More over, in this case, investigation is pending and the offences are grave in nature. Hence, he strongly opposed to grant bail to the petitioners.

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This Court heard both sides and perused the materials available on record.

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Considering the rival submissions made by the learned counsel on either side, nature of offence, and considering the facts that the injured have been discharged from the hospital; that there was a previous dispute between the parties and that though the petitioners have previous cases to their credit, the petitioners have got bail in the previous cases registered against them and they are not similar in nature as well as taking into account of the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners subject to

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CRL OP(MD). No.11535 of 2026

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the following conditions:

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[a] Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/(Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Shencottai , and on further conditions that:

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[b] the first petitioner shall report before the Inspector of Police, Puliyankudi Police Station, Tenkasi District and the second petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

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[c] the petitioners shall not commit any offence similar

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to the offence of which they are accused, or suspected, or of the commission of which they are suspected;

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[d] the petitioners shall not abscond either during investigation or trial;

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[e] the petitioners 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 her from disclosing

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CRL OP(MD). No.11535 of 2026

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such facts to the Court or to any police officer or tamper with the evidence;

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[f] On breach of any of the aforesaid conditions, the

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learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].

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

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PNM

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TO

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