Madras High Court today directed a lower court not to proceed with the bail application of IPS officer Varun Kumar until further orders in a case of dowry and woman harassment.
Varun had surrendered before the XIth Metropolitan Magistrate Court on April 28, more than two months after the Supreme Court cancelled his anticipatory bail and directed him to surrender before a trial court.
The HC gave the direction on a petition by Varun's former girlfriend, who sought a direction to revise the April 29 order of the Magistrate, who dismissed the petition filed by the Assistant Commissioner of Police (Anti Dowry Cell) for custodial interrogation of Varun.
"Prima facie it appears that the observation made by the Magistrate Court for production of cellphones and custodial interrogation is not necessary is incorrect. The custodial interrogation sought for by police is for proceeding with further investigation and not for the sole purpose of the production of cellphones and laptops," Justice T S Sivagnanam said and stayed the order.
The girlfriend, in her criminal revision petition, said this Court while granting him anticipatory bail had specifically directed him to cooperate fully with the investigation and to appear before the officer concerned daily at 10.30 am for 10 days for interrogation and also to furnish four cell phones and laptops in his custody to the investigation officer (IO).
She pointed out even after 72 days of the Apex Court passing the order, Varun Kumar had not surrendered. He did so before a court in Chennai only after coming to know she has filed a contempt petition before the Supreme Court, she said.
Contending that it was not correct for the Magistrate Court to state that custodial interrogation of Varun was not necessary, she said, unless it was permitted, it was not possible for the IO to find out details of e-mails and messages he sent her as he had not cooperated.
On April 28, the magistrate court had remanded Varun Kumar to 15 days judicial custody, after which defense counsel filed a bail petition even as the anti-dowry cell filed a plea seeking his custody for a week.
The officer was accused of several charges, including dowry harassment by his former girlfriend. According to her, he had allegedly promised to marry her.
They had prepared for the civil services exam together. Varun Kumar's attitude however, changed after he was selected for the IPS in 2011.
He and his parents allegedly demanded dowry of two kg gold, Rs 50 lakh and a luxury car. They refused to conduct the marriage if their demand was not fulfilled.
Subsequently, the woman lodged a complaint and Kumar got anticipatory bail from Madras High Court, which was cancelled by the Apex Court on February 14.
