Case Title: C Alagappan v The State
Case No: Crl.O.P.Nos.22333 & 24313 of 2023
Decided on: 18th December, 2023
CORAM: THE HON’BLE MR. JUSTICE C.V. KARTHIKEYAN
Facts of the Case
Film distributor and producer Alagappan was accused by the prosecution of taking advantage of his relationship with an actress who was afflicted with a crippling illness. Alagappan earned her trust, according to the prosecution, by pretending to help her sell her possessions. According to the allegations, Alagappan went on to misuse the power of attorney that had been given to him, buying homes under the names of the actress and his wife. It was reported that approximately 25 crores had been misappropriated in total. The Central Crime Branch in Vepery and the District Crime Branch in Tiruvannamalai District registered cases as a result of two allegations made by the actress Gauthami. Cheating in violation of Sections 420, 506(i), in conjunction with Section 120(B), and 34 of the Indian Penal Code (IPC).
Alagappan claimed during a bail hearing that he had been asked by Gauthami to take care of her property matters and had kept careful records of the sale proceeds, which he routinely gave to her. After demanding that Gauthami pay him the Rs. 2.1 crore that he was due, he claimed that the charges made against him were untrue and were filed in retribution. This assertion was refuted by the prosecution, which stated that none of the accused had assisted with the inquiry. They disclosed that Alagappan had been given a power of attorney and that property deals had been made without Gauthami’s awareness. The prosecution emphasized the need for more research and had asked the authorities for more papers.
Legal Provisions
Section 420 IPC deals with the offense of cheating and dishonestly inducing delivery of property. Misappropriation of property is covered under Section 403 of the IPC. Section 120(B) deals with the offense of criminal conspiracy.
Issues
Did Alagappan and his family commit cheating, misappropriation, and diversion of funds with the intention to exploit and defraud actress Gauthami, who was battling a debilitating disease, thus betraying her trust, and displaying ingratitude?
Courts analysis and decision
In the matter of actress Gauthami’s cheating, the High Court rejected the application for anticipatory bail made by film producer Alagappan and his family. Even as it denied bail, the High Court underlined that there was prima facie evidence of not only fraud but also of money misappropriation and diversion for private benefit. According to the court, Alagappan and his family sought to take advantage of Gauthami’s desire to protect her daughter’s future and deceive her, who was already in a state of sorrow owing to a crippling ailment. With Gauthami’s poor condition in mind, the court depicted a violation of trust and a particularly callous approach by underlining the defendants’ ingratitude and dishonest objectives, as well as their evident determination to deceive.
Based on an analysis of the evidence submitted, the court found that the defendants had planned to steal Gauthami’s assets and money, particularly during her cancer treatment, with the apparent expectation that she wouldn’t make it. In addition to highlighting the accused’s dishonest intentions in each and every move taken to deceive the complainant, the court expressed contempt for what it called “ingratitude”. The court found that dismissing the anticipatory bail petitions was appropriate, noting the Investigating Officer’s claim that the investigation was at a critical stage. This suggests that the accused’s actions involved a betrayal of trust during a vulnerable period in Gauthami’s life, which went beyond simple financial deceit.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written by- Rupika Goundla
