Dismissed

Johny @ John Paulraj v. State Rep by

Madras HC25 Mar 2024CRL OP/5438/2024

Case brief

AI extract

What is this about?

The High Court dismissed a bail petition filed by a petitioner charged under IPC and state legislation. The Court refused bail, citing the petitioner's notorious antecedents, 51 pending cases, risk of witness tampering, and lack of change in circumstances.

What did the court decide?

The Criminal Original Petition for bail was dismissed; the petitioner is to be kept in judicial custody.

Johny @ John Paulraj Vs State Rep by — Pension and Retirement Benefits | Madras HC (2024)

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Crl.O.P.No.5438 of 2024

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T.V.THAMILSELVI, J.

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Crl.O.P.No.5438 of 2024

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The petitioner, who was arrested and remanded to judicial custody on 30.11.2020 for the alleged offence under Sections 341, 392, 397 and 506(ii) of I.P.C. and Sec.3(1) of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992 in Crime No.111 of 2018 on the file of the respondent police, seeks bail.

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The case of prosecution is that on 12.03.2018 when the defacto complainant walking near the Konavattam flyover, this petitioner along with other accused waylaid him, threatened him and snatched a sum of Rs.1500/- at knife point from him. Hence, the complaint was registered against the petitioner.

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The learned counsel appearing for petitioner submitted that he was originally arrested on 13.11.2020 in Crime No.835 of 2020 and remanded to judicial custody in the said case. Now, the respondent police arrested the petitioner in this case by showing him as absconding accused and he is in custody and there is no progress in this case till date. He would also submit that he was granted bail by this court in Crl.O.P.Nos.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.5438 of 2024

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32449, 32491, 32507 and 32530 of 2022, by an order dated 28.12.2022 and other cases also granted bail in Crl.O.P.Nos. 10200, 10201, 10206, 10208, 10209, 10211, 10212, 10214 of 2023 dated 17.05.2023. He would submit that he has not at all committed any of offence as alleged by the respondent police and he has been falsely implicated in this case and he will abide by any condition that may be imposed by this court. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 3 years four months and this is the fourth petition seeking for bail. He would submit that co-accused was already released on bail and out of 51 cases pending against him, in more than 8 cases ended in acquittal. Hence, he prayed to grant bail to the petitioner.

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The learned Government Advocate (Crl. Side) appearing for respondent would submit that there are 51 previous cases pending against him, in which 5 murder cases pending against him and he is a notorious person. He would submit that when he has not appeared before the concerned Magistrate, non-bailable warrant also issued against him and some of the cases are posted before the trial court for examination of witnesses. He would submit that now the trial was begun and at this

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.5438 of 2024

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stage, if he is released on bail, he would tamper the witnesses and hamper the investigation and the trial would be stalled. Hence, he vehemently opposed to grant bail to the petitioner.

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Considering the above facts and circumstances, and also considering the fact that the investigation almost completed and on seeing the previous antecedents of petitioner, having 51 previous cases including 5 murder cases pending against him and out of which, more than eight cases ended in acquittal and he is a notorious person and also considering the fact that even assuming that bail was granted in one case, the remaining other cases pending against him as well as on seeing the conduct of petitioner, at this stage, if he is released on bail, there is possibility of tampering the witnesses and hampering investigation and also the fact that there is no change of circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

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25.03.2024

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rpp

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3/4 https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.5438 of 2024

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T.V. THAMILSELVI, J.

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rpp

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Crl.O.P.No.5438 of 2024

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25.03.2024

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(1/2)

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4/4 https://www.mhc.tn.gov.in/judis

Johny @ John Paulraj v. State Rep by

Case brief

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Johny @ John Paulraj v. State Rep by

Case brief

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