← Library
Madras High CourtCRL OP(MD)/6724/2019allowed

Tharma @ Tharmasatha, v. The Inspector Of Police,

2019-09-03Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN

1. Tharma @ Tharmasatha,

2. Karthi,

3. Selvi @ Tamilselvi,

4. Senthilkumar @ Senthilvel,

5. Soranamugi, ... Petitioners/Accused 1 to 5 Vs The State Rep.by The Inspector of Police,, Nainarkovil Police Station, Ramnad District.

Crime No.45/2019. ... Respondent/Complainant For Petitioners : M/s.D.Balamurugapandi, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 45 of 2019 on the file of the respondent police.

ORDER : The Court Made the following order :- The petitioners who apprehend arrest at the hands of the respondent police for the offences under Sections 147, 148, 294(b), 323, 324 and 506(ii) of IPC in Crime No.45 of 2019, seek anticipatory bail.

2.Heard the learned counsel on either side.

3.The petitioners are five in number. The victim in this case is the husband of the fifth petitioner and brother of the third 1/3

petitioner. The victim was employed Abroad. It appears that the relationship between the victim on the one hand and the fifth petitioner on the other has come under strain. They are not now living together. The victim appears to have remitted money, while he was employed Abroad. It is stated that to resolve this issue, a meeting was convened before the family deity. The talks broke down and the victim said to have suffered a serious stab injury on his chest. The first petitioner herein is the person who is said to have stabbed on his chest. The second petitioner is said to have caused knife injury on the shoulder of the victim. 4.The allegations are serious only against the first petitioner and the second petitioner. The allegations against the petitioners 3 to 5 are not that serious.

More than anything else, The third petitioner and the fifth petitioner are women who happen to be sister and wife of the victim. Therefore, taking note of all these aspects, this Court grants bail to the petitioners 3 to 5 herein, while dismissing this criminal original petition as far as first and second petitioners are concerned.

5. Accordingly, the petitioners 3 to 5 are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Paramakudi, Ramanathapuram District, on condition that the petitioners 3 to 5 shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only)each with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners 3 to 5 shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

6.The petitioners 3 to 5 shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 03/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, PARAMAKUDI.

2/3

2. DO THRO' THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3.THE INSPECTOR OF POLICE, NAINARKOVIL POLICE STATION, RAMNAD DISTRICT.

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

+1 CC to M/s.D.BALAMURUGAPANDI, Advocate ( SR-14795[I] dated 05/09/2019 )

ORDER

IN CRL OP(MD) No.6724 of 2019 Date :03/09/2019 rmi AE/VR/SAR-III (09.09.2019) 3P 6C 3/3