Adhavamoorthi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/04/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN Adhavamoorthi ... Petitioner/Accused No.1 Vs State Rep. by The Inspector of Police, All Women Police Station, Sivagangai Crime No.15/2019.

...Respondent/Complainant

For Petitioner : M/s.Venkta Subramanian.P, Advocate.

For Respondent : Mr.KR. Bharathi Kannan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.15/2019 on the file of the respondent Police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2.It is seen from the submissions made that the defacto complainant and this petitioner were in love and without knowledge of their parents, they registered their marriage vide the marriage Registration Certificate No.193/2017 and thereafter the petitioner went to Dubai. The defacto complainant wanted to have a formal marriage celebrations and that the family members of the defacto complainant intimated the same to the petitioner and his family members. Petitioner demanded to bring 100 sovereign gold, Rs.10 Lakhs cash and a Car and said only then formal marriage will be celebrated. Subsequently, the defacto complainant deposited Rs.8,74,950/- to the petitioner's account. Believing the words of the petitioner, in order to celebrate the formal marriage, on 12.12.2018, the defacto complainant's family members booked AMK 1/3

Thirumana Mandapam by giving advance amount. The family members of the petitioner prevented him from coming from Dubai, demanding further dowry of 200 sovereign gold, Car and Rs.25 Lakhs cash. It is also informed that if their requirement is not met, there will no marriage celebrations with the petitioner. Since the marriage was arranged as agreed by the petitioner and his family members and the marriage could not be held, the defacto complainant and her family members suffered a lot and she attempted to commit suicide. Hence, this complaint.

3.The learned counsel for the petitioner submitted that the petitioner is not involved in any offence and the co-accused have been granted Anticipatory bail by this Court, he seeks Anticipatory bail to the petitioner.

4.The learned Government Advocate strongly opposed to grant Anticipatory Bail to the petitioner.

5.Considering the facts and circumstances of the case and there is a proof for the registered marriage happened between the petitioner and the defacto complainant on 26.04.2017 before the Nagalnaickenpatti Sub Registrar office in M.C.No.193/2017, without the knowledge of the parents of the petitioner and the defacto complainant, subsequently when the defacto complainant's family members wanted to have formal marriage celebrations, the petitioner and his family members demanded huge dowry and stopped the marriage and also considering the fact that the petitioner is the prime accused in this case, this Court is not inclined to grant Anticipatory Bail to the petitioner and accordingly this Criminal Original Petition is dismissed.

sd/- 30/04/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SIVAGANGAI.

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

ORDER

IN CRL OP(MD) No.6050 of 2021 Date :30/04/2021 vrn JM/VR/SAR IV/17.05.2021/3P/3C 3/3