Madras High CourtCRL OP(MD)/12096/2023dismissed as infructuous

Vinoth Kumar v. The Inspector Of Police

2023-07-04Honourable Mr Justice G.Ilangovan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12096 of 2023

1. Vinoth Kumar,

2. Chitra,

3. Gnanasekar, ... Petitioners No.1 to 3/ Accused No.1 to 3 Vs The State Rep.by The Inspector of Police, Thoothukudi All Women Police Station, Thoothukudi, (Crime No. Not Known of 2023).

... Respondent/Complainant For Petitioner : M/s.Vishnu.V, Advocate.

For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. of 2023 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.1 to 3, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 498A and Section 4 of Dowry Prohibition Act, in Crime No.Not known on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the marriage between the defacto complainant and the 1st petitioner was solemnized on 10.06.2022. After that the defacto complainant became pregnant and after baby shower ceremony, these petitioners had demanded more dowry and driven her from the matrimonial home. Hence, the complaint.

https://www.mhc.tn.gov.in/judis 3.The learned Additional Public Prosecutor would submit that on the basis of the complaint given by the wife of the petitioner

enquiry is undertaken in C.S.R.No.320 of 2023. During the course of enquiry, the matter was referred to the Social Welfare Officer for Conciliation and the complaint has been closed. The wife has also stated that she is not willing to live with the husband. With regard to the return of jewels trouble still exists. The prayer sought for in this petition has become infructuous. 4.Since the complaint was closed, the defacto complainant has to workout her remedy through appropriate proceedings before the civil forum.

5.With the above observation, this criminal original petition is dismissed as infructuous.

sd/- 04/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, THOOTHUKUDI ALL WOMEN POLICE STATION, THOOTHUKUDI, 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

ORDER

IN CRL OP(MD) No.12096 of 2023 Date :04/07/2023 MGJ(07.07.2023) 2P 3C https://www.mhc.tn.gov.in/judis