Kumar v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.7991 of 2021 KUMAR [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] INSPECTOR OF POLICE, AWPS THIRUVALLUR POLICE STATION.

CRIME NO. 7 OF 2021.

For Petitioner : M/S.S.SHANKAR Advocate For Respondent : M/S.T.SHUNMUGARAJESWARAN Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 498(a), 506(i) and Section 4 of Dowry Prohibition Act, 1961 in Crime No.7 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner and the defacto complainant are employees of the Railway Department and the marriage was solemnized between them on 04.07.2019. After the marriage, the petitioner and his mother demanded dowry and her entire salary should be handed over to her mother in law. When she refused to do the same, the petitioner and her mother sent the defacto complainant to her mothers' house in guise of Aadi month ritual and later, the petitioner avoided her. Based on the complaint lodged by the defacto complainant, the law enforcing agency registered a case against the petitioner and his family members.

3. The learned counsel for the petitioner submitted that the petitioner has nothing to do with the said allegation and a false case has been foisted on the petitioner and hence, the learned counsel prays to grant of anticipatory bail.

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4. The learned Public Prosecutor would submit that the petitioners family demanded dowry from the defacto complainant. When the defacto complainant refused to do so, the petitioner sent her to her mothers house and later the petitioner married another girl named Nivetha. Hence, the learned counsel prays to dismiss the petition filed by the petitioner.

5. Considering the gravity of the accusation against the petitioner and it is alleged that the petitioner married another girl while the first marriage is subsisting, the case is at initial stage, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 29/04/2021 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 INSPECTOR OF POLICE, AWPS THIRUVALLUR POLICE STATION, THIRUVALLUR.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.S.SHANKAR Advocate on payment of necessary charges SR.NO. 5757 CRL OP.7991/2021 Date :29/04/2021 MN-17/05/2021 https://hcservices.ecourts.gov.in/hcservices/