Andhra Pradesh High Court - Amravati
Digumarthi Sundar Prasad Alias Prasad, vs The State Of Andhra Pradesh, on 5 August, 2020
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
1
CMR, J.
Crl. P.No.2965 of 2020
HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
Criminal Petition No.2965 of 2020
ORDER:
This petition is filed under Section 438 Cr.P.C. to enlarge the petitioner on bail in the event of his arrest.
The petitioner is accused No.2 in Crime No.5 of 2020 of Narsapuram Town Police Station, West Godavari District.
The alleged offences against the petitioner are under Sections 420, 370 r/w.Sec.34 of IPC and Section 24(1)(b) of Emigration Act, 1983.
This is the second application filed by the petitioner seeking anticipatory bail. Earlier application filed by him in Crl.P.No.1641 of 2020 came to be dismissed by this Court as per order dated 23.03.2020.
This Court in its earlier order clearly opined that in the facts and circumstances of the case, it is not a fit case to grant anticipatory bail as it is a case of cheating a woman. However, this Court granted liberty to the petitioner to surrender before the jurisdictional Magistrate within a period of two weeks from the date of the order and move regular bail application. Accordingly, the petitioner approached the concerned Magistrate and filed a petition for grant of bail. However, the said application was returned by the learned Magistrate on the ground that the petitioner did not surrender before the said Court within the time stipulated in the order of this Court. Therefore, the petitioner again 2 CMR, J.
Crl. P.No.2965 of 2020approached this Court. However, in view of the earlier opinion expressed by this Court that this is not a fit case for grant of anticipatory bail, this Court is not inclined to entertain this petition and grant any anticipatory bail to the petitioner.
In the result, the Criminal Petition is dismissed. However, the petitioner is permitted to surrender before the concerned Magistrate and seek regular bail. In the event of his surrender and in the event of filing any bail application by the petitioner, the learned Magistrate shall entertain the same and dispose of the same according to law.
________________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date:05.08.2020.
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