Satheesh v. The State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-09-2025
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.26443 of 2025 Satheesh ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, Nalur Police Station, Namakkal District.
(Crime No.92 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.92 of 2025 on the file of the respondent police. For Petitioner(s) :
Mr. B. Vasudevan For Respondent(s) :
Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6
ORDER
The petitioner, who was arrested and remanded to judicial custody on 19.07.2025 for the offences punishable under Sections Woman missing @ 194 BNSS (suspicious death), Sections 108 and 238 of BNS in Crime No.92 of 2025, registered on the file respondent police, seeks bail. The earlier bail application of the petitioner is dismissed as withdrawn, vide order dated 03.09.2025 in Crl.O.P.No.24212 of 2025. 2.
The case of the prosecution is that, the deceased aged about 30 years is the wife of the defacto complainant and on 10.07.2025, the deceased informed the defacto complainant that she is going to hospital in a two wheeler bearing Registration No.TN-88-AY-1470 and she had not returned; that thereafter, a complaint was lodged by the defacto complainant; subsequently on 18.07.2025, the body of the deceased was found at Athiuyappa Mudaliar Mullukadu, Nandhai Kolakadu; that upon investigation, it is revealed that the petitioner and the deceased had an illicit relationship and on 10.07.2025, they both met and a wordy quarrel arose between them, thereby the petitioner left the deceased and went from the spot; that thereafter, while the petitioner returned to the spot, found that 2/6
the deceased committed suicide by hanging in a neem tree; that the petitioner lifted the deceased from the tree and placed her body nearby her vehicle. Hence, this case.
3.
The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated and he is in custody since 19.07.2025. He also submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.
4.
The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioner reiterated the prosecution case and stated that the petitioner and the deceased has illicit relationship and also the reason for the death of the deceased; and that major part of the investigation is completed. 5.
Considering the facts of the case, the overt act against the petitioner, the period of incarceration undergone by the petitioner and the fact that major part of the investigation is completed, this Court is inclined 3/6
to grant bail to the petitioner with certain conditions. 6.
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, Paramathy 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 report the respondent police daily at 10:30 a.m., for a period of three weeks and thereafter, as and when required for interrogation; [c] 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 4/6
Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];
[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 25.09.2025 stn 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, Paramathy.
2. The Inspector of Police, Nalur Police Station, Namakkal District.
(Crime No.92 of 2025)
3. The Superintendent, Central Jail, Salem.
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K. RAJASEKAR, J.
stn
4. The Public Prosecutor, High Court of Madras.
Crl.O.P. No.26443 of 2025 25.09.2025 6/6