Thammina Vasanth Kumar Vs The State of A.P.

THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR

Criminal Petition No. 11649 of 2013

Order:

This criminal petition, under Section 438 Cr.P.C., is filed by the petitioner/accused in Crime No. 150 of 2013 of Malkapuram L & O Police Station, Visakhapatnam, registered for the offence punishable under Section 420 IPC, seeking anticipatory bail.

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Though the learned counsel for the petitioner submits that he has been instructed to withdraw the Criminal Petition, but in view of the facts and circumstances of the case, I am not inclined to dismiss the petition as withdrawn.

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The petitioner is no other than the own brother of the de facto complainant. The husband of the de facto complainant died. The de facto complainant received some death benefits after the death of her husband. It is alleged that taking advantage of the situation and innocence of his sister, the petitioner cleverly cheated her to a tune of Rs.6,00,000/- by making false promise to provide job to the son of the de facto complainant. It appears that when there was a pressure from the elders, the petitioner has issued a cheque but subsequently the cheque was also bounced. Thus, it is clear that the petitioner has not only cheated the de facto complainant at the time of receiving the amounts from her, but also at the time of issuing cheque. When a person is alleged to have cheated his own sister, I am of the view that such person is not entitled for discretionary relief of anticipatory bail. Anticipatory bail is a discretionary remedy and where it appears that an accused has been falsely implicated in a criminal case or that arrest would result unnecessary harassment of an accused, the Court may exercise discretionary powers but not in all cases.

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Accordingly, the Criminal Petition is dismissed.

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B. CHANDRA KUMAR, J.

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Date: 13.11.2013 Nsr

Thammina Vasanth Kumar v. The State of A.P.

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Thammina Vasanth Kumar v. The State of A.P.

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