CRL OP(MD) No.16647 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Thursday, the Sixteenth day of December Two Thousand and Twenty One

PRESENT

The Hon`ble Mr.Justice G.ILANGOVAN

CRL OP(MD) No.16647 of 2021

KAMALESH

... PETITIONER / ACCUSED NO.1

Vs

STATE REP. BY

THE INSPECTOR OF POLICE,

ALL WOMEN POLICE STATION,

THIRUVERUMBUR,

TRICHY DISTRICT.

CR.NO.18 OF 2021

... RESPONDENT / COMPLAINANT

For Petitioner

: MR.B.JAMEEL ARASU, Advocate

For Respondent

: Mr.M.VAIKKAM KARUNANITHI

Government Advocate

For Intervenor

: Mr.R.ALAGUMANI,Advocate

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

PRAYER:

For Anticipatory Bail in Crime.No.18 of 2021 on the file of the

respondent police.

ORDER : The Court Made the following order :-

The petitioner, who is arrayed as A1 apprehends arrest at the

hands of the respondent police for the alleged offences punishable

under sections 498(A) and 506(i) IPC, in Crime No.18 of 2021 and

seeks anticipatory bail.

2.The petitioner is facing the charges under sections 498(A)

and 506(i)IPC.

3.It is a matrimonial dispute. The de-facto complainant was

married to this petitioner, on 19.05.2016. After the marriage, this

petitioner pressurized the de-facto complainant to give additional

dowry of jewels and money. So she was harassed. Later they went

USA for employment and during stay in USA, there was also harassment

by demanding more dowry. On 30/07/2020, the father of the de-faco

complainant died, so she left India along with this petitioner in

October 2020. But however she was not allowed to attend the funeral

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CRL OP(MD) No.16647 of 2021

rites of her father, who died in India. So even after that,

harassment continues and she suffered mental agony and torture at

the hands of the accused persons. On 19/07/2021 she was taken to

her paternal home and there she was left stating that she must bring

more jewels and dowry.

4.Now the case of the petitioner is that due to personal

vengeance, this complaint has been given by the de-facto complainant

and she was not discharging her duties of wife.

5.As usual, there is allegation and counter allegation between

the husband and wife. This matter was referred to the Mediation and

Conciliation Centre, attached to this Bench. But however, in-spite

of effort that has been made, it could not be settled. The matter

has been kept pending for a very long time add repeatedly the

interim orders were adjourned and extended.

6.The Mediator has filed a report stating that during the

mediation process, the de-facto complainant insisted the petitioner

to return her educational certificates and original documents as

well as passport, birth certificate of her child and also monthly

maintenance for their livelihood. At the advise of the Mediator, the

petitioner agreed to return the original certificates of the de-

facto complainant and ready to hand over the Xerox copy of the

passport and birth certificate of the child. He is also agreed to

pay the monthly maintenance as fixed by this court, till the

reunion.

7.When the matter was heard on 10/12/2021, both the petitioner

and the de-facto complainant stick to their point. The de-facto

complainant wants her educational certificates, passport, birth

certificate of the child to be returned to her.

8.According to her, she has to admit her child in the school

for that purpose, she required the birth certificate, which would

show that she is the guardian of the child, she has also interested

for the welfare of the child. But the petitioner is ready to return

the Xerox copy of the birth certificate. In so far as the

educational certificates are concerned, it is ordered to be returned

to her which was also accepted by the de-facto complainant.

9.Now for knowing the