IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

CRL.O.P.No.18605 of 2021

Sharaths.Sharathi

... Petitioner

Versus

1.State Rep By:-

The Inspector of Police,

W-8, All Women Police Station,

Thirumangalam, Chennai.

2.Jayanthi

... Respondents

[2^nd respondent is impleaded as per

order of this Court, dated

18.11.2021 in Crl.M.P.No.11464 of

2021 in Crl.O.P.No.18605 of 2021.]

PRAYER: Criminal Original Petition filed under Section 482 of

the Code of Criminal Procedure, to set aside the impugned

docket order dated 07.08.2021 issuing Non-Bailable Warrant

against the petitioner herein passed in C.C.No.2997 of 2021 on

the file of the learned Chief Metropolitan Magistrate, Egmore,

Chennai.

For Petitioner :

Mr.M.Deivanandam

For R1

:

Mr.E.Raj Thilak,

Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to set

aside the impugned docket order, dated 07.08.2021 issuing Non-

Bailable Warrant against the petitioner in C.C.No.2997 of 2021

by the learned Chief Metropolitan Magistrate, Egmore, Chennai

(trial Court).

2.The learned counsel for the petitioner/A1 submitted

that the petitioner is the estranged husband of the 2^nd

respondent. A2 and A3 are the parents of the petitioner. The

marriage between the petitioner and the 2^nd respondent had

taken place on 23.11.2012. The petitioner is a Technocrat and

he got employment in USA and went to USA during the month of

January 2018. Thereafter, the 2^nd respondent joined the

https://hcservices.ecourts.gov.in/hcservices/

petitioner in USA on 03.12.2018 and later, the 2^nd respondent

came back to India and made allegation that she was forcibly

sent back by the petitioner by demanding dowry. However,

H.M.O.P.No.216 of 2019 was filed by the petitioner before the

Family Court, Nagercoil on the ground of cruelty. The 2^nd

respondent has filed H.M.O.P.No.618 of 2019 before the

Subordinate Court, Poondhamallee for restitution of conjugal

rights. Now, both the cases have been transferred and pending

before the learned I Additional Family Judge, Chennai and

renumbered as H.M.O.P.Nos.2236 and 2238 of 2021.

3.The learned counsel for the petitioner further

submitted that earlier to the registration of FIR, on

24.01.2020, the 1^st respondent Police contacted the petitioner

in USA and enquired with regard to the matrimonial dispute.

Later, the petitioner came to know that the First Information

Report was registered on 21.02.2021 against him for offense,

punishable under Sections 498A and 406 of IPC and Section 4 of

the Dowry Prohibition Act. The petitioner's parents A2 and A3

obtained anticipatory bail on 13.05.2021. The petitioner not

filed any anticipatory bail, since he was in USA. On

completion of investigation, charge sheet was filed against

all the three accused before the learned Chief Metropolitan

Magistrate, Egmore, Chennai and the same was taken on file as

C.C.No.2997 of 2021. The trial Court issued summons were

served to the parents of the petitioner viz., A2 and A3 and

with regard to the petitioner, the summon could not be served,

since he was in USA. On 07.08.2021, A2 and A3 appeared before

the trial Court and their counsel filed Memo of Appearance for

them. As regards the petitioner is concerned, since he was in

USA, summon could not be served to him and he did not appear

for trial and hence, a Non-Bailable Warrant was issued against

him on 07.08.2021. The petitioner already planned a trip to

India to appear before the trial Court and to co-operate with

the trial. Due to COVID-19 pandemic, he was unable to return

back immediately from work place. In the meanwhile, the

petitioner came to know that on the request of the Deputy

Commissioner of Police, Anna Nagar District, Chennai, a Look

Out Circular was issued in suspect No.From 2141718 to 2141718

on 22.02.2021