LAWS(MAD)-2009-8-280

M ELUMALAI Vs. DEPUTY SUPERINTENDENT OF POLICE

Decided On August 28, 2009
M. ELUMALAI Appellant
V/S
DEPUTY SUPERINTENDENT OF POLICE Respondents

JUDGEMENT

(1.) 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.) 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.