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2025 DAILYLAW 143985 (MAD)

Thavam @ Muthuramalingam v. The State of Tamilnadu Rep by

CRL OP(MD)/10238/2025 · 2025-06-19

P Vadamalai

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No.10238 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI CRL OP(MD). No.10238 of 2025 Thavam @ Muthuramalingam, S/o.Muthukrishnan, Keelakulam, Oothakulam, Muthupatti Post, Sivagangai Taluk, Sivagangai District. ... Petitioner/Accused Vs. The State of Tamilnadu Rep By, The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District. (In Crime No.385 of 2024). ... Respondent/Complainant For Petitioner : M/s. Haroon Rasheed.D.S., Advocate. For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PRAYER :- For Bail in Crime No. 385 of 2024 on the file of the respondent police.. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody 1/5 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.10238 of 2025 on 12.11.2024 for the offences punishable under Sections 103(1) of BNS, 2023 in Crime No.385 of 2024 on the file of the respondent police, seeks bail. 2. The allegation against the petitioner is that the son of the deceased is working abroad, and due to enmity with him, the petitioner murdered his mother in order to bring back the son to his native place. The petitioner was allegedly waiting for an opportunity to murder him. 3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and that he has not committed any offence as alleged by the prosecution. However, he has been arrested and he is in judicial custody from 12.11.2024. He further submits that the case is committed and the same is pending for trial in S.C.No.78 of 2025, on the file of the learned Principal District Judge, Sivagangai. Therefore, he prays for grant of bail. 4. The learned Government Advocate (Criminal Side) appearing for the respondent-Police submits that due to previous enmity between the petitioner and the son of the deceased, this occurrence had taken place. He further submits that there are 19 previous cases pending against the petitioner and the previous case particulars of the petitioner is as follows:- 2/5 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.10238 of 2025 S.N o Police Station Crime No. Sections 1 Sivagangai Town 147/2020 147,148,294(b)323 &506(ii) IPC 2 Sivagangai Town 632//2019 143,148,290,341,353 IPC & 174(a) RLY 3 Sivagangai Town 233/2013 294(b),323,324,506(ii)IPC &3(1)TNPPDL Act 4. Sivagangai Town 695/2011 294(b) and 307 IPC 5 Sipcot 19/2013 109 Cr.P.C 6 Sipcot 192/2016 294(b),326,452&506(ii) IPC 7 Sivagangai Taluk 4/2014 294(b)&506(ii)IPC 8 Sivagangai Taluk 427/2021 294(b),323,427, 506(ii)IPC IPC & 4 of TNPHW Act 9 Sivagangai Taluk 285/2011 294(b),323,324,506(ii) IPC 10 Sivagangai Taluk 94/2013 294(b),323,324,341 &506(ii) IPC 11 Sivagangai Taluk 74/2012 307,342 IPC & 2(b) of SC/ST Act 12 Sivagangai Taluk 142/2010 294(b), 302, 324, 34&506(ii) IPC 13 Sivagangai Taluk 481/2020 147,148,294(b), 323,324,427&506(ii)IPC & 3(1)(r)SC/ST Act&4TNPHW Act 14 Sivagangai Taluk 318/2021 25(1)(A) Arms Act 15 Salem Aattaiyampatti 18/2024 380,411,454 IPC 16 Manamadurai 107/2021 143,269,290 IPC 17 Tiruppur South 556/2023 392,397 & 457 IPC 18 Tiruppur Moolanur 180/2024 380&454 IPC 3/5 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.10238 of 2025 19 Sivagangai Town 772/2021 191(2),191(3)103, 109, 351 (3) BNS Hence, the learned Government Advocate (Criminal side) prays to dismiss this petition. 5. Considering the nature of the offence allegedly committed by the petitioner and considering the bad antecedents of the petitioner, and taking note of the fact that if bail is granted to the petitioner, he may cause threat to the defacto complainant and witnesses, this Court is not inclined to grant bail to the petitioner. 6. Accordingly, this Criminal Original Petition stands dismissed. sd/- 19/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023. 4/5 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.10238 of 2025 LS TO 1.THE INSPECTOR OF POLICE, SIVAGANGAI TALUK POLICE STATION, SIVAGANGAI DISTRICT. 2.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.10238 of 2025 Date :19/06/2025 PR/04.07 .2025 5P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5 https://www.mhc.tn.gov.in/judis