Srinivasa Prasanna Mohan @ S.M.Prasanna v. State Through
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.01.2022
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.581 of 2022
1. Srinivasa Prasanna Mohan @ S.M. Prasanna
2. Sunitha Mohan
3. Mohan Kumar Srinivasan
...Petitioners
Versus
1. The State; Represented by;
The Commissioner of Police, Chennai City Police, Greater Chennai Police, Vepery, Chennai - 600 008.
2. The State; Represented by;
The Inspector of Police, S-11, Tambaram Police Station, Chennai - 600 045.
3. The State of Andhra Pradesh;
The Sub-Inspector of Police, Disha Women Police Station, Vijayawada City, Andhra Pradesh (Crime No.333 of 2021)
...Respondents
Prayer: Criminal Original Petition filed under Section 438 read with Section 482 of Criminal Procedure Code, 1973 praying to pass an order enlarge the petitioners on interstate anticipatory bail in the event of their arrest by the third respondent in Crime No.333 of 2021 through the first and second respondents, pending investigation on the file of the third respondent police.
For Petitioners : Mr.R.Ganesh Kumar For Respondents : Mr.A. Gokulakrishnan Additional Public Prosecutor ----
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 498-A IPC and Sections 3 and 4 of Dowry Prohibition Act, in Crime No. 333 of 2021 on the file of the third respondent police, seek anticipatory bail.
2. The case of the prosecution is that the first petitioner is the husband of the de-facto complainant and the second petitioner is the mother-in-law and the third petitioner is the father-in-law of the defacto complainant. The defacto complainant is residing at Flat No. TF-2, Haritaramu Apartment, Saint Ann's School Road, Prasadampadu, Vijayawada Rural, State of Andhra Pradesh. Further allegation is that her marriage was performed with the first petitioner at his native place of CTO Colony, West Tambaram, Chennai, Tamil Nadu on 09.05.2021. At the time of her marriage, the parents of the defacto complainant were given a sum of Rs.2 lakhs as dowry and offered gold ornaments to her. After the marriage, the de-facto complainant is said to have joined her husband with the first petitioner herein at her in-laws' house in Chennai.
Now, the first petitioner along with in-laws have demanded dowry from the defacto complainant. Hence the complaint. 3.The learned counsel appearing for the petitioners submitted that the petitioners have not been committed any such offences as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that Interstate Anticipatory bail may be granted to them, to enable them to move the appropriate jurisdictional Court in Vijayawada City, Andhra Pradesh State for necessary relief.
4. Taking into consideration the facts and circumstances of the case, since the issue involved between the parties is family dispute in nature and 41(A) of Cr.P.C., notice also already issued, this Court is inclined to grant Inter-State Interim Anticipatory Bail to the petitioners for a period of four weeks from today to enable them to move the concerned Court.
5. Accordingly, Interim Inter-State Anticipatory Bail is granted to the petitioners for a period of four weeks, on condition that the petitioners shall surrender before the learned Judicial Magistrate-I, Tambaram, Chennai, within a period of four weeks from the date on which the order copy made ready and the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the said learned
Magistrate. Further, within four weeks from the date of execution of bail bond, the petitioners shall approach the competent Court in Vijayawada City, Andhra Pradesh State and seek appropriate relief. -sd/- 12/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE NO.I, TAMBARAM.
2 THE CHIEF JUDICIAL MAGISTRATE, CHENGALPATTU DISTRICT.
3 THE COMMISSIONER OF POLICE, CHENNAI CITY POLICE, GREATER CHENNAI POLICE, VEPERY, CHENNAI - 600 008.
4 THE INSPECTOR OF POLICE, S-11, TAMBARAM POLICE STATION, CHENNAI - 600 045.
5 THE SUB - INSPECTOR OF POLICE, DISHA WOMEN POLICE STATION, VIJAYAWADA CITY, ANDHRA PRADESH.
6 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.
+1 CC to M/S. R.GANESH KUMAR Advocate on payment of necessary charges SR.NO.697 CRL OP.581/2022 Date :12/01/2022 INBA~21/01/2022