Friday, July 5, 2013

NRI hubby+all in 498a package. Inlaws arrstd+releasd. AB 4 Hubby. Hubby NO appear. Wife tries bail cancel. Fails @ HC. Wife contends that hubby got his passport promising return in two months, but never returned. HC ask wife to go to sessions court and try to cancel bail. This is an old case as of date, so fate of this husband who is supposedly working at Oman Airways is not known !!


NOTES
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* NRI husband
* looks like wife filed 498a + package on the year of marriage - 2006
* in laws arrested and released
* husband gets anticipatory + passport release with condition to return in 2 months
* husband has not returned after many months
* wife tries bail cancellation
* HC asks wife to go to sessions court (the court that gave the bail) and seek bail cancellation saying husband violated sessions court's directions

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CASE FROM JUDIS DOT NET SITE

DISCLAIMER :

 

This judgment was collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgement or the judgement itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:     28.08.2009

CORAM:

THE HONOURABLE MR.JUSTICE C.S.KARNAN


Crl.O.P.No. 24063  of 2007

M. Elumalai                        .. Petitioner


                Versus


1. The Deputy Superintendent of Police,
Gingee Sub-Division Gingee,
Villupuram District.

2. The Inspector of Police,
All Women Police Station,
Gingee, Villupuram District.                .. Respondents


    Petition filed under Section 482 Cr.P.C to direct the Principal Sessions Judge, Villupuram, to cancel the Anticipatory Bail granted to Elumalai in Cr.M.P.No. 7653 of 2006 dated  08.11.2006 in C.C.No. 379 of 2006 on the file of the 2nd respondent/Inspectress of Police, Gingee. 

        For Petitioner         :   Mr.P.Anbazhagan

        For Respondents     :   Mr.R.Muniappa Raj
                           Govt.Advocate (Crl.side)



ORDER

    The petitioner has filed the above Criminal Original Petition to cancel the Anticipatory Bail granted to her husband Elumalai in Cr.M.P.No. 7653 of 2006 dated  08.11.2006 in C.C.No. 379 of 2006 on the file of the 2nd respondent/Inspectress of Police, Gingee.   

    2. The petitioner, in support of her case, has filed an affidavit stating that she married one Elumalai in the year 2006, at Gingee.  After marriage, her husband treated her in a cruel manner and demanded dowry from her.  She lodged a police complaint before the Inspectress of Police, All Women Wing Police Station, Gingee, Villupuram District.  On her complaint, a case was registered in Crime No. 4 of 2006 for an alleged offence under Sections 498-A, 294(b) and 506(ii) of IPC r/w Section 4 of the Dowry Prohibition Act.  The petitioners' in-laws were arrested and released on bail.  In the said case, charge sheet was also filed in C.C.No. 379 of 2006.  The petitioner's husband filed anticipatory bail in Cr.M.P.No. 7653 of 2006 before the Sessions Court, Villupuram.  The same was granted on 08.11.2006 on condition that he should surrender his passport before the Lower Court and not to leave India until further orders. The said Elumalai is working as a Technician in Oman Airways. 

    3.  The petitioner's husband, Elumalai moved Criminal M.P.No. 8960 of 2006 before the Sessions Court, Villupuram for return of passport.  He undertook to return to India within two months and return the passport and complete the trial of the case.  The learned Sessions Judge accepted his undertaking and ordered return of the passport to the petitioner's husband for a period of two months.  He was further directed to return the passport after two months before the Judicial Magistrate, Gingee. The petitioner's husband Elumalai has not complied with the direction of the Sessions Court Judge and failed to return the passport before the Judicial Magistrate, Gingee.  He left Indian in the month of January 2007 and did not appear before the Trial Court on the said case and also has not surrendered the passport as per order of the Sessions Court. 

    4. Further the petitioner's husband Elumalai filed a Criminal Original Petition No. 715 of 2007 before this Honourable Court for a direction, directing the Judicial Magistrate, Gingee to complete the Trial in C.C.No.379 of 2006 as expeditiously as possible. This Honourable Court directed the Judicial Magistrate, Gingee to expedite the trial in C.C.No.379 of 2006 within two months and further directed the said Elumalai to appear before the Trial Court on all hearing dates without fail till the conclusion of the Trial. 

    5. As per the direction of this Honourable Court, the petitioner's husband Elumalai never appeared before the Trial Court for any hearings and he has absconded from India and working at Oman Airways, by getting the passport from the Trial Court. Further, the said Elumalai has failed to comply with the direction of Sessions Court, Villupuram and failed to surrender the passport before the Trial Court till date. 

    6. It is alleged that the respondents 1 & 2 have not taken any steps to bring the said Elumalai to India and surrender his passport.  The respondents did not even take steps to cancel the anticipatory bail of the said Elumalai.  It is alleged that the respondents colluded with the said Elumalai.  Hence the petitioner has filed this petition to cancel the anticipatory bail granted to Elumalai.  The petitioner in support of her case, has filed a copy of the order in Cr.M.P.No.7653 of 2006 and order in Cr.M.P.No. 8960 of 2006 and order in Crl.O.P.No. 715 of 2007. 

    7. Considering the above contents of the petition and other orders passed by the Learned District Sessions Judge and this Honourable Court, the Court is of the view that this Honourable Court has given direction in Cr.M.P.No. 715 of 2007 to direct the Judicial Magistrate, Gingee to expedite the Trial in C.C.No. 379 of 2006 and more particularly within a period of two months.  Further, this Court directed the petitioner/Elumalai to appear before the Trial Court on all hearing dates, without fail, till the conclusion of the Trial.  Further, the District Sessions Judge passed an order in Cr.M.P.No.8960 of 2006 dated 18.12.2006, wherein the Court had directed the learned Magistrate, Gingee to return the passport to the petitioner's husband, Elmalai, with the condition that the said Elumalai should surrender the passport after two months before the Judicial Magistrate, Gingee.

    8.    But the petitioner's husband Elumalai has not complied with the conditional order of the Sessions Court.  Further anticipatory bail was granted by the Honourable Sessions Court, Villupuram.  So, the petitioner has to approach the Honourable Sessions Court, Villupuram for cancellation of bail on the ground that the petitioner's husband Elumalai has grossly violated the Courts order.

    9.    With this observation, the Criminal Original Petition No.24063 of 2007 is disposed of. 
   
                                   







mps/mra


To

1. The Deputy Superintendent of Police,
Gingee Sub-Division Gingee,
Villupuram District.

2. The Inspector of Police,
All Women Police Station,
Gingee, Villupuram District.   

3.The Public Prosecutor, High Court,
Madras 104




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