Madras High CourtCRL OP/186/2022dismissed

Johnson@Johnson Robert v. The State Rep.By

2022-01-07Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Seventh day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.186 of 2022 1 JOHNSON @ JOHNSON ROBERT [ PETITIONERS / ACCUSED ] 2 JHONSON @ WILLAIM GERALD 3 CLINTON @ ARUN CLINTON 4 RAJ @ FERNANDAZ 5 DAVID @ DAVID WILSAN 6 FRANKLIN @ ROSARIO FRANKLIN Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ELAVANASURKOTTAI POLICE STATION, KALLAKURICHI DISTRICT.

CRIME NO.454 OF 2021.

For Petitioner : M/S.S.SARAVANAKUMAR Advocate For Respondent : MR.A.GOKULAKRISHNAN, Additional public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 147, 148, 324, 506(ii) and 307 of IPC, in Crime No.454 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there was a previous enmity between the petitioners and the defacto complainant, as a result of which, the petitioners along with other accused persons had attacked the defacto complainant and caused injuries. Hence the complainant.

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3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that there is a case in counter and the petitioners have given a complaint before the respondent police in Crime Nos.452 and 453 of 2021 against the defacto complainant. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor submitted that A2 is having two previous cases, A3 is having one previous cases and A4 and A5 have no previous case. He further submitted that the investigation is still pending. Hence, he vehemently opposed for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also the fact that the petitioners are having previous cases and the investigation is still pending, this Court is not inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 07/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE INSPECTOR OF POLICE, ELAVANASURKOTTAI POLICE STATION, KALLAKURICHI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.SARAVANAKUMAR Advocate on payment of necessary charges CRL OP.186/2022 Date :07/01/2022 JPA 27/01/2022 https://hcservices.ecourts.gov.in/hcservices/