Andhra Pradesh High Court - Amravati
P.Vijaya Bhaskar vs The State Of Andhra Pradesh, on 3 November, 2021
Author: D.Ramesh
Bench: D.Ramesh
THE HONOURABLE SRI JUSTICE D.RAMESH
CRIMINAL PETITION No.5942 of 2021
ORDER:
This petition is filed under Section 438 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking pre-arrest bail to the petitioners/Accused Nos.1, 3 & 4 in the event of their arrest in connection with Crime No.512 of 2021 of Chittoor II Town Police Station, Chittoor District, registered for the offences punishable under Section 420 IPC and Section 5 of Andhra Pradesh Protection of Depositors of Financial Establishments Act, 1999 read with 34 IPC.
The accusation leveled against the petitioners is that the 1st petitioner, who was working in DM & HO Office as Senior Assistant, was running private chits for the last seven years. In his absence, his wife and two daughters, who are petitioners 2 & 3, used to collect the chit amounts. For the last several months, the 1st petitioner was not paying money to the successful bidders and avoiding the persons on the ground of covid pandemic. Subsequently, the 1st petitioner and his wife promised to pay the money after selling the lands in their village and that stated that they would deposit the amounts in the accounts of the respective bidders to whom they are due. Thereafter, it came to light that the 1st petitioner was transferred to Kadapa from Chittoor and that they shifted their residence to Kadapa and cheated the persons. Basing on the complaint given by the de facto complainant, present crime was registered.
2
Heard learned counsel for petitioners and learned Assistant Public Prosecutor for respondent-State.
Learned counsel for the petitioners submits that petitioners have nothing to do with the chit business. The wife of the 1st petitioner, who was arrayed as A2, and other ladies of the area used to run private chits. But due to corona pandemic, the circulation of money failed and due to non-payment of monthly installments by the successful bidders, the chit could not be properly run. Accused No.2 had initiated insolvency proceedings in IP.No.21 of 2021 on the file of Senior Civil Judge's Court, Chittoor, against twenty persons to whom she was due to pay the chit amount. The present compliant is given showing all the family members of the Accused No.2 as accused. 1st petitioner is a Government employee. Petitioners 2 & 3 are students preparing for APEAPCET-2021. Hence, their case may be considered for grant of pre-arrest bail.
Learned Assistant Public Prosecutor opposed for grant of pre-arrest bail stating that investigation is pending.
Taking into consideration the fact that there are specific allegations against 1st petitioner, this Court is not inclined to grant bail to the 1st petitioner. However, as there are no specific allegations against other petitioners, this Court deems it appropriate to grant pre-arrest bail to other petitioners.
In the result, the criminal petition is partly allowed. The petitioners 2 & 3/Accused Nos.3 & 4 shall be enlarged on bail in the event of their arrest in connection with Crime No.512 of 2021 3 of Chittoor II Town Police Station, Chittoor District, on their executing self bonds for a sum of Rs.20,000/- (Rupees twenty thousand only) each with two sureties each for a likesum each to the satisfaction of the Station House Officer, Chittoor II Town Police Station, Chittoor District.
Criminal Petition against Petitioner No.1 is dismissed. As a sequel, all the pending miscellaneous applications shall stand closed.
______________________ JUSTICE D.RAMESH 03.11.2021 Vjl 4 THE HON'BLE SRI JUSTICE D.RAMESH (allowed) CRIMINAL PETITION No.5942 of 2021 03.11.2021 Vjl