Andhra Pradesh High Court - Amravati
N. Subash Chandra Bose vs The State Of Andhra Pradesh on 20 November, 2020
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI -- FRIDAY, THE TWENTIETH DAY OF NOVEMBER_ TWO THOUSAND AND TWENTY ~ :PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI- CRIMINAL PETITION NO: 5000 OF 2020 Between: 1. 2. 3. 9. N.Subash Chandra Bose, Male, aged 34 years, S/o. P.Natarajan No.1/53, S.Pallipattu Adiyur Post Thiruppathur Taluk Thiruppathur District Tamil Nadu P.Natarjan, Male, aged 65 years, late. Periayasamy No.1/ 53, S.Pallipattu Adiyur Post, Thiruppathur Taluk Thiruppathur District, Tamil Nadu Valarmathi (alias) Chandrakala, Female, aged 40 years, W/o. Prasath Kumar No.27/5A, KRG Nagar, Second Street Ganapathy, Coimbatore -- 41, Tamilnadu P.Tholappan, Male, aged 60 years, S/o. late. Periayasamy No.1/53, S.Pallipattu, Adiyur Post, Thiruppathur Taluk Thiruppathur District Tamil Nadu . Prasath Kumar, Male, aged 37 years, S/o. Karunakaran V845-D, Santhi Nagar Wallardie Junction, Periyar Vandiperiyar, Peerumade, Idukki, Kerala - 685 533 N.Ravichandran, Male, aged 25 years, S/o. P.Natarajan, No.1/53, .S.Pallipattu Adiyur Post Thiruppathur Taluk Thiruppathur District Tamil Nadu Thavamani, Male, aged 36 years S/o.Ramalingam Dam Vattam Andiyappanur Vaniyambadi Thiruppattur District Tamilnadu Poongodi (alias) Chandralekha, Female, aged 42 years W/o. Murugesan No.28/1/2666, Kisan nagar, Lakshmi textiles, Mypad road, Nellore, Andra Pradesh Chinna alias Veerapathian, Male aged 33 years, S/o. Thodathaman Natha Kovil Vattam Andiyappanur Vaniyambadi Thiruppattur District 10.Chinnaraji, Male, aged 57 years S/o.Mottaya Gounder No.10/69, Kaliyamman Kovil Vattum, Andiyappanur Vaniyambadi Thiruppattur District Tamilnadu ...Petitioner/Accused No.1 to 10 -- AND The State of Andhra Pradesh, rep.by S.H.O Kuppam urban Police Station Kuppam, Chittoor District Andhra Pradesh ...Respondent/Complainant a Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in Criminal Petition, the High Court may be pleased to enlarge the Petitioners/Accused No.1 to 10 on bail in the event of their arrest in Crime No.352/2020 on the tile of the Kuppam Urban Police Station at Kuppam, Chittoor District in the interest of justice.-~ The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri U.Kanaka Raju, Advocate for the Petitioners and Public Prosecutor for the Respondent, the Court made the following. - ORDER:
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO. 5000 OF 2020 ORDER:-
This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest bail to the petitioners/A-1 to A-10 in the event of their arrest in connection with Crime No. 352 of 2020 of Kuppam Urban Police Station, Chittoor District, registered for the offence punishable under Section 420 of the Indian Penal Code, 1860.
2. The case of prosecution is that a complaint was given on 29.08.2020 stating that the de facto complainant is a resident of Vinayakapuram and the marriage of his daughter was fixed with N.Subhash Chandra Bose, s/o P.Natarajan, who are residents of Pallipatti Village. The marriage is scheduled to be held on 30.08.2020 between 07:30 A.M., to 9:00 A.M., at Chamundeswari Temple at Erramannugunthalu Village. On 28.08.2020, at 10:30 A.M., the relatives of bride belonging to the village have reported that the bridegroom was absconding. Hence, a complaint was lodged to trace out the bridegroom and perform the marriage with his daughter. Basing on the said complaint, the present crime is registered.
3. Heard Sri P.Rathnavel, learned counsel for the petitioners and the learned Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioners submits that bride herself refused to marry the petitioner threatening that she would commit suicide if the marriage is performed with the bridegroom.
Therefore, the petitioner refused to marry the bride but the ett et HOE parents of the bride forced her to marry the 1st petitioner and as the petitioner was not inclined to marry her, all the petitioners are implicated in this case. He further submits that the ingredients of Section 420 IPC are not satisfied and there is no dishonest intention or inducing involved in this case.
5. As per Section 420 IPC, Cheating and dishonestly inducing delivery of property.-- Whoever cheats and thereby dishonestly induces the person de-ceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
As rightly contended by the learned counsel for the petitioners that Section 420 IPC is not at all attracted to the present facts of the case, this Court deems it fit to grant anticipatory bail to the petitioners.
6. Accordingly, this Criminal Petition is allowed. The petitioners/A-1 to A10 shall be released on bail in the event of their arrest in connection with Crime No. 352 of 2020 of Kuppam Urban Police Station, Chittoor District on condition of executing self bond for Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a likesum each to the satisfaction of the Station House Officer, Kuppam Urban Police Station, Chittoor District.
Consequently, miscellaneous applications pending, if any, shall stand closed.
& Sd/-M.RAMESH BABU.
ASSISTANT REGISTRAR Lf, For ASSISTANT REGISTRAR ITRUE COPY// ad The Station House Officer, Kuppam Urban Police Station One CC to Sri. U.Kanaka Raju, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of AP [OUT] _ One spare copy , Chittoor District.
pes HIGH COURT LKJ DATED:20/11/2020 ORDER CRLP.No.5000 of 2020 ALLOWED o£ hay