Disposed

Carol Navamani v. Leo Praveen Kumar

Madras HC23 Jun 2021CRL OP/2061/2020

Case brief

AI extract

What is this about?

Petitioner sought cancellation of anticipatory bail granted to six respondents in a Section 498A matrimonial dispute. The High Court disposed of the petition by accepting undertakings not to publish obscene videos/photos online and directed the trial court to conclude the trial within six months.

What did the court decide?

Undertakings taken to not publish obscene materials accepted. Trial directed to be completed within six months.

Carol Navamani Vs Leo Praveen Kumar — Quashing and FIR | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 23.06.2021

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CORAM:

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THE HON'BLE MR.JUSTICE M.DHANDAPANI

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Crl.O.P.No.2061 of 2020

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Carol Navamani

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... Petitioner

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Vs.
1. Leo Praveen Kumar
S/o.S.Jayaseelan
2. Nisha @ Preethi Philomina.J
D/o.S.Jayaseelan
3. Gowtha Jayaseelan,
W/o.S.Jayaseelan
4. S.Jayaseelan
S/o.A.Subramani
5. J.Lenin Anbarasan
S/o.G.Jeyaraj
6. J.Sirtarasu
S/o.Jeyaraj
7. State Represented by
The Sub Inspector of Police,
All Women Police Station,
Thiruvallur. ... Respondents
PRAYER: Criminal Original petition has been filed under Section
439(2) of Cr.P.C prayed to cancel the anticipatory bail enlarged in
Crl.OP.No.22192 of 2015 on the file of the Hon'ble High Court dated
06.11.2015.
For Petitioner : Mr.D.J.Venkatesan
For Respondents :
For R1 to R6 : Mr.G.Anbu Chezhian
For R7 : Mr.C.E.Pratap
Government Advocate (Crl.Side)

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

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ORDER

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This petition has been filed to cancel the bail granted to the respondents in Crl.OP.No.22192 of 2015 by this Court vide order dated 06.11.2015.

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The case of the prosecution is that the petitioner/defacto complainant lodged a complaint against respondents 1 to 6 for the offence under Section 498A of IPC in Crime No.2 of 2016. After lodging the complaint, the accused persons 1 to 6/respondents 1 to 6 have approached this court seeking anticipatory bail in Crl.OP.No.22192 of 2015. This Court by the order dated 06.11.2015 granted anticipatory bail to the accused persons. In the meantime, due to the wedlock, the petitioner conceived, due to which the accused persons attacked the petitioner and harassed her. The first accused used to capture obscene videos of the petitioner by using hidden camera and also took obscene photos. The said videos and photos were also filed before the trial court. After grant of bail, the accused persons, threatened the petitioner while coming for the court hearing and insisted her not to proceed with the complaint failing which the said nude photos will be published in social media.

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The learned counsel for the petitioner submitted that the crime occurred in the year 2015 and this court granted bail at the relevant time However, the petitioner has filed this petition to cancel the bail in the 2020. However, learned counsel for the petitioner submitted that at the present point of time, it would suffice if the respondents are directed not to publish the videos and photos of the petitioner in social media and they be restrained from showing the said photos and videos to any other person, even for the purpose of this case.

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The learned counsel for the private respondents has submitted that the respondents will not publish any photos belonging to the petitioner in the social media and that they will place the same only as exhibits before the trial court at the time of trial, if required.

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In view of the undertaking given by the respondents that they respondents will not publish the photos and videos concerning the petitioner in social media, which is the relief sought for by the petitioner, this Court is of the opinion that this petition could be disposed of recording the said undertaking given by the respondents. Further, as the case is of the year 2015, in the interest of justice, this Court is of the opinion that the trial should be completed within a particular time frame.

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

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Accordingly, this criminal original petition is disposed of recording the above said undertaking given by the respondents. Further, the the petitioner as well as the respondents are directed to appear before the trial court on 1.08.2021 and on such appearance, the trial court shall fix a date for the trial and proceed with the trial and complete the same within a period of six months from the said date of appearance. It is further made clear that in the event of the respondents not adhering to the undertaking given by them, as aforesaid, the bail granted by this Court would stand automatically vacated.

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-sd/23/06/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104. TO 1 THE JUDICIAL MAGISTRATE, NO.I, THIRUVALLUR 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS. 4 THE SUB INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUVALLUR. CC to M/S.D.J.VENKATESAN Advocate on payment of necessary charges CRL OP.2061/2020 Date :23/06/2021 cs 09/07/2021

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

Carol Navamani v. Leo Praveen Kumar

Case brief

What is this about?

What did the court decide?

Carol Navamani v. Leo Praveen Kumar

Case brief

What is this about?

What did the court decide?

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