Simon Vs The State of Tamil Nadu — Murder and Culpable Homicide | Madras HC (2025)

Simon Vs The State of Tamil Nadu — Murder and Culpable Homicide | Madras HC (2025)

What the court decided

AI extract

Outcome

Bail granted to the petitioner on executing a bond for Rs.25,000/- with two sureties, each for a like sum, to the satisfaction of the Judicial Magistrate, Orathanadu, subject to conditions including furnishing residential address/contact number, daily appearance and signing before the respondent police at 10.30 a.m. and 05.30 p.m., non-absconding, and non-tampering with evidence or witnesses.

Issue for consideration

Whether the petitioner/Accused No.1, in custody since 15.05.2025 in Crime No.137 of 2025 for offences punishable under Sections 296(b), 115(2), 351(3) and 103(1) BNS, 2023, is entitled to bail under Section 483 B.N.S.S.

Court's answer

Bail is granted to the petitioner/Accused No.1, taking into account that the co-accused had already been granted bail by this Court, that the investigation is almost completed, and the period of incarceration since remand on 15.05.2025, on executing a bond for Rs.25,000 with two sureties each for a like sum to the satisfaction of the Judicial Magistrate, Orathanadu.

Ratio / Principle

On breach of any bail condition, the learned Magistrate/Trial Court is entitled to take appropriate action in accordance with law as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala; and if the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

Detailed headnote1 paragraphs

Bail — Section 483 B.N.S.S. — Murder case under Sections 296(b), 115(2), 351(3) and 103(1) BNS, 2023 (Crime No.137 of 2025, Pappanadu Police Station, Thanjavur District) — Prosecution case that, due to a land dispute, on 14.05.2025 the petitioner (A1) and his mother murdered Dhamayanthi, the grandmother of the petitioner and the defacto complainant, using an aruval — Petitioner in judicial custody since 15.05.2025 — Parity with co-accused/A2 already granted bail by this Court in Crl.OP (MD).No.11133 of 2025 dated 10.07.2025 — Investigation almost completed — Held: bail granted on bond of Rs.25,000 with two sureties each for a like sum to the satisfaction of the Judicial Magistrate, Orathanadu, with conditions including daily appearance/signing before respondent police at 10.30 a.m. and 05.30 p.m., furnishing residential address and contact number, non-absconding and non-tampering — On breach, Magistrate/Trial Court may take action as per P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; if accused absconds, fresh FIR registrable under Section 269 BNS (P. Vadamalai, J.; Madurai Bench of Madras High Court, 14.07.2025).

CRL OP(MD). No.11864 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Date : 14.07.2025

PRESENT

The Hon`ble Mr.Justice P.VADAMALAI

CRL OP(MD). No.11864 of 2025

Simon

... Petitioner/ Accused No.1

Vs

State of Tamil Nadu rep. by The Inspector of Police, Pappanadu Police Station, Thanjavur District. (Crime No.137 of 2025) ... Respondent/ Complainant For Petitioner : Mr.K.M.Karunakaran, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl. Side) PETITION FOR BAIL Under Section 483 B.N.S.S.

PRAYER :- For Bail in Crime No.137 of 2025 on the file of the Respondent police. ORDER : The Court made the following order :-

The petitioner / Accused No.1, who was arrested and remanded to judicial custody on 15.05.2025 for the offences punishable under Sections 296(b), 115(2), 351(3) and 103

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CRL OP(MD). No.11864 of 2025

(1) BNS, 2023 in Crime No.137 of 2025 on the file of the respondent police, seeks bail.

The case of the prosecution is that due to land dispute, on 14.05.2025, the petitioner and his mother had murdered one Dhamayanthi, who is the grand mother of the petitioner and the defacto complainant, by using aruval. Hence, the case.

The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He would further submit that the petitioner is no way connected with the case, a false case has been lodged as against the petitioner. He would further submit that co-accused/A2 had already been granted bail by this Court in Crl.OP (MD).No.11133 of 2025 dated 10.07.2025. He would further submit that the petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in judicial custody from 15.05.2025. Hence, he seeks bail.

The learned Government Advocate (Criminal Side) appearing for the respondent would submit that there are totally 2 accused, the petitioner arrayed as A1. He would further submit that the investigation has been completed. He would further submit that there is one previous case pending against the petitioner. However, he objected to grant bail to the petitioner.

Taking into consideration of the facts and circumstances of the case and also https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.11864 of 2025

the facts that co-accused had already been granted bail by this Court and the investigation has been almost completed and taking note of the fact that the petitioner remanded into judicial custody on 15.05.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

Accordingly, the petitioner is ordered to be released on bail on 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 Judicial Magistrate, Orathanadu and on further conditions that :-

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall furnish his residential address and contact number to the Judicial Magistrate, Orathanadu. If the petitioner changes his residential address, she shall report the same to the Judicial Magistrate, Orathanadu;

[c] the petitioner shall appear and sign before the respondent police daily at 10.30 a.m.,and 05.30 p.m., until further orders;

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

[e] the petitioner shall not tamper with evidence or witness either during https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.11864 of 2025

investigation or trial;

[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560]; and

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

sd/14/07/2025 / TRUE COPY /

15/07/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

msrm

TO

1 THE JUDICIAL MAGISTRATE, ORATHANADU.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

4 THE INSPECTOR OF POLICE, PAPPANADU POLICE STATION, THANJAVUR DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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CRL OP(MD). No.11864 of 2025

+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-7481[I] dated 14/07/2025 )

ORDER IN CRL OP(MD) No.11864 of 2025 Date :14/07/2025

NBF/SAR- /15/07/2025/ 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

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