Hardick Vimal v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR 1.Hardick Vimal 2.Ushman 3.Salman 4.Vijay 5.Sanjay ... Petitioners/A2 to A6 Vs.

The State Rep. By The Inspector of Police, Manimangalam Police Station, Kancheepuram District.

(Crime No.280 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail pending investigation in Crime No.280 of 2025 on the file of the respondent police. For Petitioner :

Mr.D.Magesh For Respondent :

Mr.R.Vinothraja Government Advocate (Crl.Side)

O R D E R

The petitioners, who were arrested and remanded to judicial custody on 14.07.2025, for the offences punishable under Sections 109(1), 1/6

140(4), 191(2), 191(3), 296(b) and 351(3) of BNS, 2023 (307, 367, 147, 148, 294, 506 of IPC) in connection with Crime No.280 of 2025, registered on the file of the respondent, seek bail.

2. The case of the prosecution is that on the date of occurrence, the de-facto complainant was sitting near a tea shop, at that time the petitioners along with other accused joined together attacked the de-facto complainant with beer bottles, kidnapped the de-facto complainant and further assaulted him and escaped from the place. Due to the attack, the de-facto complainant sustained injuries and admitted in the hospital. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. The de-facto complainant had a love affair with one Shakila and continuously tortured her to love him, which was questioned by the petitioners, hence, the petitioners have been falsely implicated in this case. He further submitted that the injured has been discharged from the hospital. He further submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court and hence, prays to grant bail to the petitioners.

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4.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that A1 and one Shakila had a love affair, later it was broken up. The de-facto complainant entered into a relationship with the very same girl. Hence, a quarrel arose between A1 and de-facto complainant, due to which, the petitioners along with other accused joined together attacked the de-facto complainant with beer bottles, kidnapped the de-facto complainant and further assaulted him and escaped from the place. He further submitted that the injured now discharged from the hospital.

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

6. Considering the facts and circumstances of the case and the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail on their executing separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties, each for a like sum to the 3/6

satisfaction of the learned Judicial Magistrate, Sriperumbudur, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial 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; [b] the petitioners shall appear before the respondent police everyday at 10.30 a.m., for a period of thirty (30) days, thereafter as and when required for interrogation;

[c] the petitioners shall make themselves available for interrogation by a Police Officer as and when required; [d] the petitioners shall not directly or indirectly cause any threat to the de-facto complainant and witnesses; [e] the petitioners to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, they shall comply to the directions as may be given by the Court in this regard;

[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners released on bail by the learned 4/6

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];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 07.08.2025 rsi 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.

To 1.The Judicial Magistrate, Sriperumbudur.

2.The Inspector of Police, Manimangalam Police Station, Kancheepuram District.

3.The Superintendent, Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

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