Satheesh @ Semmalai v. The Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Satheesh @ Semmalai ..Petitioner Vs The Station House Officer Ramanatham Police Station, Cuddalore.

Crime No. 23/2026.

..Respondent Prayer: Criminal Original Petition filed under section 483 of BNS Act to enlarge the petitioners on bail in Crime No. 23/2026 on the file of S.H.O Ramanatham Police Station, Cuddalore District. For Petitioner:

Mr.R K.Gandhi For Respondent:

Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 27.01.2026 for the alleged offence under Section 296(b), 115(2) and 351(2) of BNS (294, 323 and 506 of IPC) and 4 of TNPHW Act @ 296(b) and 103 of BNS (294 and 302 of IPC) and 4 of TNPHW Act in Crime No.23 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to land dispute between the petitioner and the deceased, the petitioner attacked the deceased which caused fatal injury to the deceased and subsequently died. Hence, this case. 3.The learned counsel for the petitioner submitted that the petitioner has been incarcerated since 27.01.2026 and even according to the prosecution case, it was not a remediated murder and in furtherance of land dispute, there was subsequent altercation in which the petitioner has kicked the deceased by his leg and thereby such incident had happened. He would further submit that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner.

4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the deceased is a women and only by the forcible kick of the petitioner in the private part of the deceased, she sustained fatal injury and succumbed. Hence, he opposed the grant of bail to the Petitioner.

5. I have given my anxious consideration to either side submissions and perused the materials available on record.

6. From the submissions made by the learned counsel on either side, it is evident that though the learned Govt Advocate (Crl.Side) submitted that investigation is still pending, considering the long incarceration of the petitioner since 27.01.2026 and the nature of allegation against this petitioner and the circumstances under which the murder has taken place, this Court is inclined to enlarge the petitioner on bail on certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his 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 the learned Judicial Magistrate, Tittakudi at Cuddalore, 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 petitioner shall stay at Trichy and report before the Inspector of Police, Gandhi Nagar Police Station, Trichy daily at 10.30 a.m., until further orders and no relaxation petition shall be entertained within a period of 60 days;

[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 pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

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

25-03-2026 SHL 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, Tittakudi at Cuddalore

2. The Central Prison, Caddalur

3. The Station House Officer Ramanatham Police Station, Cuddalore.

4. The Inspector of Police, Gandhi Nagar Police Station, Trichy

5. The Public Prosecutor High Court of Madras

C.KUMARAPPAN J.

SHL 25-03-2026