Madras High Court
Pradheep Kumar vs The State Of Tamil Nadu on 19 April, 2022
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.O.P.(MD)Nos.15494 of 2019, 5658, 11149, 13291 & 13293 of 2021
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT
DATED: 19.04.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.(MD)Nos.15494 of 2019, 5658, 11149, 13291 &
13293 of 2021
and
Crl.M.P(MD)Nos.9191 of 2019, 3259, 5696, 6864 & 6868 of
2021
1.Crl.O.P(MD)No.15494 of 2019:-
1.Pradheep Kumar
2.Shanthi
3.Premkumar
4.Ramkumar
5.Pravinkumar ... Petitioners/Accused Nos.1 to 5
Vs.
1.The State of Tamil Nadu,
Represented by,
The Inspector of Police,
All Women Police Station,
Nagercoil,
Kanyakumari District. ... 1st Respondent/Complainant
2.Maria Usha ... 2nd Respondent/
Defacto Complainant
Prayer: Criminal Original Petition filed under Section 407 Cr.P.C., to
withdraw and transfer the case in C.C.No.493 of 2018 on the file of
the Additional Mahila Court, Nagercoil, Kanyakumari District to
Judicial Magistrate Court, Valliyoor or to any other District
competent Court except under Kanyakumari District.
https://www.mhc.tn.gov.in/judis
1/13
Crl.O.P.(MD)Nos.15494 of 2019, 5658, 11149, 13291 & 13293 of 2021
For Petitioners : Mr.K.Ragatheesh Kumar
For R – 1 : Mr.B.Thanga Aravindh
Government Advocate (Crl. Side)
For R – 2 : Ms.A.Banumathy
2.Crl.O.P(MD)No.5658 of 2021:-
C.Pradheep Kumar ... Petitioner/Accused
Vs.
Maria Usha ... Respondent/Defacto Complainant
Prayer: Criminal Original Petition filed under Section 407 r/w 482
Cr.P.C., to withdraw and transfer the case in C.C.No.5 of 2021 on
the file of the learned Judicial Magistrate (Mahila Court), Nagercoil,
Kanyakumari District to Judicial Magistrate Court, Valliyoor or to any
other District competent Court except under Kanyakumari District.
For Petitioner : Mr.T.Cibi Chakraborthy
For Respondent : Mr.D.Padmanabhan
3.Crl.O.P(MD)No.11149 of 2021:-
C.Pradheep Kumar ... Petitioner/Accused
Vs.
Maria Usha ... Respondent/Defacto Complainant
Prayer: Criminal Original Petition filed under Section 407 r/w 482
Cr.P.C., to withdraw and transfer the case in D.V.No.3 of 2018 on the
https://www.mhc.tn.gov.in/judis
2/13
Crl.O.P.(MD)Nos.15494 of 2019, 5658, 11149, 13291 & 13293 of 2021
file of the learned Judicial Magistrate No.2, Nagercoil, Kanyakumari
District to Judicial Magistrate Court, Valliyoor or to any other District
competent Court except under Kanyakumari District.
For Petitioner : Mr.T.Cibi Chakraborthy
For Respondent : Mr.D.Padmanabhan
4.Crl.O.P(MD)No.13291 of 2021:-
Kavitha Nanthan ... Petitioner/Accused No.6
Vs.
Maria Usha ... Respondent/Defacto Complainant
Prayer: Criminal Original Petition filed under Section 407 r/w 482
Cr.P.C., to withdraw and transfer the case in D.V.No.3 of 2018
pending before the learned Judicial Magistrate No.2, Nagercoil,
Kanyakumari District to any other District competent Court except
under Kanyakumari District.
For Petitioner : Mr.R.Rajamohan
For Respondent : Mr.R.V.Sivaraman
5.Crl.O.P(MD)No.13293 of 2021:-
Kavitha Nanthan ... Petitioner/Accused No.2
Vs.
Maria Usha ... Respondent/Defacto Complainant
https://www.mhc.tn.gov.in/judis
3/13
Crl.O.P.(MD)Nos.15494 of 2019, 5658, 11149, 13291 & 13293 of 2021
Prayer: Criminal Original Petition filed under Section 407 r/w 482
Cr.P.C., to withdraw and transfer the case in C.C.No.5 of 2021 on
the file of the learned Judicial Magistrate (Mahila Court), Nagercoil,
Kanyakumari District to Judicial Magistrate Court, Valliyoor or to any
other District competent Court except under Kanyakumari District.
For Petitioner : Mr.R.Rajamohan
For Respondent : Mr.R.V.Sivaraman
COMMON ORDER
Crl.O.P(MD)No.15494 of 2019 has been filed by the petitioners/Accused Nos.1 to 5 to withdraw and transfer the case in C.C.No.493 of 2018 from the file of the Additional Mahila Court, Nagercoil, Kanyakumari District to the file of the Judicial Magistrate Court, Valliyoor or to any other District competent Court except under Kanyakumari District.
2.Crl.O.P(MD)No.5658 of 2021 has been filed by the petitioner to withdraw and transfer the case in C.C.No.5 of 2021 from the file of the learned Judicial Magistrate (Mahila Court), Nagercoil, Kanyakumari District to the file of the Judicial Magistrate Court, Valliyoor or to any other District competent Court except under Kanyakumari District.
https://www.mhc.tn.gov.in/judis 4/13 Crl.O.P.(MD)Nos.15494 of 2019, 5658, 11149, 13291 & 13293 of 2021
3.Crl.O.P(MD)No.11149 of 2021 has been filed by the petitioner to withdraw and transfer the case in D.V.No.3 of 2018 from the file of the learned Judicial Magistrate No.2, Nagercoil, Kanyakumari District to the file of the Judicial Magistrate Court, Valliyoor or to any other District competent Court except under Kanyakumari District.
4.Crl.O.P(MD)No.13291 of 2021 has been filed by the petitioner/Accused No.6 to withdraw and transfer the case in D.V.No.3 of 2018 from the file of the learned Judicial Magistrate No. 2, Nagercoil, Kanyakumari District to any other District competent Court except under Kanyakumari District.
5.Crl.O.P(MD)No.13293 of 2021 has been filed by the petitioner/Accused No.2 to withdraw and transfer the case in C.C.No.5 of 2021 from the file of the learned Judicial Magistrate (Mahila Court), Nagercoil, Kanyakumari District to the file of the Judicial Magistrate Court, Valliyoor or to any other District competent Court except under Kanyakumari District. https://www.mhc.tn.gov.in/judis 5/13 Crl.O.P.(MD)Nos.15494 of 2019, 5658, 11149, 13291 & 13293 of 2021
6.The first petitioner/Pradheep Kumar in Crl.O.P(MD)No. 15494 of 2019 is the husband of the second respondent/Maria Usha and he is working as a Police Constable and he is in Chennai. After marriage, there was misunderstanding between them and due to cruelty committed by the first petitioner, the second respondent was driven out from the matrimonial home along with male child, aged about 5 years. Therefore, the second respondent lodged a complaint before the Inspector of Police, All Women Police Station, Kanyakumari District and the same was registered in Crime No.31 of 2017 for the offences under Sections 498(A), 406, 294(b), 323 and 506(i) of I.P.C and Sections 3(1), 4 and 6 of the Dowry Prohibition Act, 1961. After completion of investigation, filed a final report and the same has been taken cognizance in C.C.No.493 of 2018 on the file of the Additional Mahila Court, Nagercoil, Kanyakumari District. The second respondent also filed a private complaint for the offence punishable under Section 494 of I.P.C and the same has been taken cognizance in C.C.No.5 of 2021 on the file of the learned Judicial Magistrate (Mahila Court), Nagercoil, Kanyakumari District. The respondent also filed a complaint under the Domestic Violence Act in D.V.No.3 of 2018 on the file of the learned Judicial Magistrate No.2, Nagercoil, Kanyakumari District.
https://www.mhc.tn.gov.in/judis 6/13 Crl.O.P.(MD)Nos.15494 of 2019, 5658, 11149, 13291 & 13293 of 2021
7.Seeking for transfer of investigation from the trial Court in C.C.No.493 of 2018 the petitioners have filed Crl.O.P(MD)No.15494 of 2019, in C.C.No.5 of 2021, the petitioner has filed Crl.O.P(MD)No.5658 of 2021 and in D.V.No.3 of 2018, the petitioner has filed Crl.O.P(MD)Nos.11149 of 2021. In the meantime, the sixth accused in D.V.No.3 of 2018 and the second accused in C.C.No.5 of 2021 also filed Crl.O.P(MD)Nos.13291 & 13293 of 2021 seeking for transfer of investigation and all the cases are pending for trial.
8.The only ground raised by the first petitioner is that the second respondent is a practising Advocate and she is a member of Nagercoil Bar Association. Therefore, no advocates from the District of Kanyakumari came forward to appear on behalf of the accused. In fact, the Nagercoil Bar Association also passed resolution to the effect that the Advocates should not appear on behalf of the litigants, if the issue involves the personal interest of any members of the Bar. Therefore, the petitioners could not even able to appear before the trial Court to receive the copies. Therefore, Non-Bailable Warrants were issued against them and the same are pending. The petitioners have filed anticipatory bail application before this Court in Crl.O.P(MD)No.1350 of 2018 in Crime No.31 of 2017 registered for the offences under Sections 498(A), 406, 294(b), 323 and https://www.mhc.tn.gov.in/judis 7/13 Crl.O.P.(MD)Nos.15494 of 2019, 5658, 11149, 13291 & 13293 of 2021 506(i) of I.P.C and Sections 3(1), 4 and 6 of the Dowry Prohibition Act, 1961. This Court, by an order, dated 09.04.2018, granted anticipatory bail to the petitioners. While granting anticipatory bail, recorded the undertaking given by the counsel, who appeared for the petitioners, that the petitioners shall undertaken to pay a sum of Rs.5,000/- per month to the second respondent from 01.05.2018. Though the petitioners paid for some period of time, thereafter, failed to pay the monthly maintenance as undertaken before this Court.
9.The learned counsel appearing for the second respondent/defacto complainant would submit that the second respondent has no objection to transfer the cases to any other nearby Magistrate Court on condition that the petitioners shall continue in payment of monthly maintenance as undertaken before this Court in the Anticipatory Bail application.
10.Considering the above facts and circumstances, this Court feels that it would be appropriate to transfer all the cases to one Court so that the petitioners can be represented through their respective counsels and in order to get fair opportunity to defend their cases.
https://www.mhc.tn.gov.in/judis 8/13 Crl.O.P.(MD)Nos.15494 of 2019, 5658, 11149, 13291 & 13293 of 2021
11.In view of the above, C.C.No.493 of 2018 from the file of the Additional Mahila Court, Nagercoil, Kanyakumari District, C.C.No.5 of 2021 from the file of the learned Judicial Magistrate (Mahila Court), Nagercoil, Kanyakumari District and D.V.No.3 of 2018 from the file of the learned Judicial Magistrate No.2, Nagercoil, Kanyakumari District respectively are hereby withdrawn and all the cases are transferred to the file of the learned Judicial Magistrate, Valliyoor, Tirunelveli District, on condition that the first petitioner in Crl.O.P(MD)No.15494 of 2019 shall make arrears of maintenance to the second respondent, as undertaken before this Court in anticipatory bail application, for a sum of Rs.2,00,000/- by two installments. The first installment of Rs.1,00,000/- shall be made on or before 29.04.2022 and the second installment of Rs.1,00,000/- shall be made on or before 30.05.2022. Thereafter, the first petitioner shall continue the payment of maintenance of Rs.5,000/- to the second respondent without fail.
12.On receipt of the entire bundles, the learned Judicial Magistrate, Valliyoor, Tirunvelveli District is directed to complete the trial in all the cases within a period of six months from the date of receipt of the entire case bundles.
https://www.mhc.tn.gov.in/judis 9/13 Crl.O.P.(MD)Nos.15494 of 2019, 5658, 11149, 13291 & 13293 of 2021
13.Further, it is also seen that the first petitioner filed a divorce petition under the Special Marriage Act in H.M.O.P.No.43 of 2018 before the Principal District Court, Nagercoil. Since the petitioner could not able to appear before the trial Court, the same was dismissed for non-prosecution. If the petition for divorce in H.M.O.P.No.43 of 2018 on the file of the Principal District Court, Nagercoil, is restored, H.M.O.P.No.43 of 2018 is also hereby withdrawn from the file of the Principal District Court, Nagercoil and transferred to the file of the Principal District Court, Tirunelveli.
14.The learned counsel appearing for the second respondent/defacto complainant would submit that the second respondent is not able to get admission of her ward to the School without copy of the Community Certificate of the first petitioner, who is the father of the child.
15.Considering the above, the first petitioner shall furnish the copy of the Community Certificate to the respondent forthwith. https://www.mhc.tn.gov.in/judis 10/13 Crl.O.P.(MD)Nos.15494 of 2019, 5658, 11149, 13291 & 13293 of 2021
16.Accordingly, these Criminal Original Petitions are allowed. Consequently, connected Miscellaneous Petitions are closed.
19.04.2022
Internet :Yes
Index :Yes / No
ps
Note :
(i) Issue Order Copy on
or before 25.04.2022.
(ii) In view of the present
lock down owing to
COVID-19 pandemic, a
web copy of the order may
be utilized for official
purposes, but, ensuring
that the copy of the order
that is presented is the
correct copy, shall be the
responsibility of the
advocate / litigant
concerned.
https://www.mhc.tn.gov.in/judis
11/13
Crl.O.P.(MD)Nos.15494 of 2019, 5658, 11149, 13291 & 13293 of 2021 To
1.The Additional Mahila Court, Nagercoil, Kanyakumari District.
2.The Judicial Magistrate (Mahila Court), Nagercoil, Kanyakumari District.
3.The Judicial Magistrate No.2, Nagercoil, Kanyakumari District.
4.The Judicial Magistrate, Valliyoor, Tirunelveli District.
5.The Principal District Court, Nagercoil.
6.The Principal District Court, Tirunelveli.
7.The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.
8.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis 12/13 Crl.O.P.(MD)Nos.15494 of 2019, 5658, 11149, 13291 & 13293 of 2021 G.K.ILANTHIRAIYAN, J.
ps Order made in Crl.O.P(MD)Nos.15494 of 2019, 5658, 11149, 13291 & 13293 of 2021 19.04.2022 https://www.mhc.tn.gov.in/judis 13/13