[Cites 6, Cited by 0]
Madras High Court
Hardik Jha vs The Stater Rep By The Inspector Of Police on 30 April, 2026
Author: G.K. Ilanthiraiyan
Bench: G.K. Ilanthiraiyan
Crl.O.P.No.11362 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.04.2026
CORAM
THE HONOURABLE Mr. JUSTICE G.K. ILANTHIRAIYAN
Crl.O.P.No.11362 of 2026
Hardik Jha ... Petitioner(s)
Vs.
The State rep. by the Station House Officer,
Muthialpet Police Station, through
The Public Prosecutor, Puducherry ... Respondent(s)
Crime No.47 of 2026
PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023,
to enlarge the petitioner on bail concerned in Crime No.47 of 2026 pending on
the file of the respondent Police.
For Petitioner(s) : Mr.D.Padmanabhan
For Respondent(s) : Mr.M.V.Ramachandra Murthy,
Public Prosecutor (Pondicherry)
ORDER
The petitioner, who was arrested and remanded to judicial custody on
10.03.2026 for the alleged offences under Sections 331(2) and 132 of BNS and
subsequently altered to Sections 296(b), 331(2), 132 and 351(3) of BNS
(corresponding to Sections 294, 456, 353 and 503 of IPC) in Crime No.47 of
2026 on the file of the respondent police, seek bail.
https://www.mhc.tn.gov.in/judis
2. The case of the prosecution is that on 09.03.2026 at about 22.45 hours,
the petitioner had trespassed into the Lok Nivas bungalow situated at Beach
Road, Puducherry on the side entrance gate of the building and that he had
threatened the security officials and scolded them with filthy language. Hence,
the case.
3. The learned counsel for the petitioner would submit that the petitioner
is innocent and has been falsely implicated in this case. He would further submit
that the petitioner has been in judicial custody since 10.03.2026 and is ready to
abide by any conditions that may be imposed by this Court. Hence, he prayed
for grant of bail to the petitioner.
4. The learned Public Prosecutor (Pondicherry) appearing for the
respondent, while opposing the grant of bail, reiterated the prosecution case and,
on instructions, submitted that the petitioner has no bad antecedents and that the
investigation has already completed.
5. Considering the above facts and circumstances, the period of
incarceration undergone by the petitioner, the fact that the petitioner has no bad
antecedents, and also the fact that the investigation has already been completed,
this Court is inclined to enlarge the petitioners on bail with certain conditions.
https://www.mhc.tn.gov.in/judis
6. Accordingly, the petitioner is ordered to be released on bail on his
executing 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 learned Judicial
Magistrate No.V, Puducherry, and subject to the following conditions:
[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 petitioner shall report before the respondent
police everyday at 10.30 a.m. for a period of two weeks and
thereafter as and when required for interrogation;
[c] the petitioner shall not abscond either during
investigation or trial;
[d] the petitioner shall not tamper with the evidence or
witness either during investigation or trial;
[e] on breach of any of the aforementioned conditions,
the learned Magistrate/Trial Court is entitled to take
appropriate action against the petitioners in accordance with
law as if the conditions had been imposed and the petitioner
released on bail by the learned Magistrate/Trial Court itself,
as laid down by the Hon'ble Supreme Court in P.K.Shaji vs.
State of Kerala [(2005)13 SCC 283];
https://www.mhc.tn.gov.in/judis
[f] if the petitioner thereafter abscond, a fresh FIR may
be registered under Section 269 of the Bharatiya Nyaya
Sanhita, 2023.
30.04.2026
skr
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.
https://www.mhc.tn.gov.in/judis
To
1. The learned Judicial Magistrate No.V, Puducherry.
2. The Superintendent, Central Prison, Puducherry.
3. The The Station House Officer, Muthialpet Police Station.
4. The Public Prosecutor, High Court of Madras
https://www.mhc.tn.gov.in/judis
G.K. ILANTHIRAIYAN,J.
skr
30.04.2026
https://www.mhc.tn.gov.in/judis
