Madras High CourtCRL OP/4581/2021dismissed

Johnson v. The Inspector Of Police

2021-04-15Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Fifteenth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.4581 of 2021 JOHNSON [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, B2, ESPLANDE POLICE STATION, CHENNAI.

For Petitioner : M/S.C.JAGAN Advocate For Respondent : M/S.P.KRITIKA KAMAL, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 323, 336, 397, 427, 506(ii) of IPC in S.C.No.112 of 2020 on the file of the learned II Additional Sessions Judge, Chennai, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner is facing trial for the offence under Sections 323, 336, 397, 427, 506(ii) of IPC in S.C.No.112 of 2020 before the learned II Additional Sessions Judge, Chennai and since he did not appear before the Court on 14.06.2019, non bailable warrant was issued against him.

3.The learned counsel appearing for the petitioner would submit that since the petitioner suffered ill health, he could not appear before the lower Court and hence non bailable warrant was issued against him. However, his non appearance is neither wilful nor wanton. 4.The learned Government Advocate would submit that since the petitioner did not appear before the Court on 14.06.2019, non bailable warrant was issued against him and further submitted that there are four previous cases of similar nature pending against the petitioner. https://hcservices.ecourts.gov.in/hcservices/

5.Considering the fact that there are four previous cases of similar nature pending against the petitioner, I am not inclined to grant anticipatory bail to the petitioner.

6.This criminal original petition is accordingly dismissed. -sd/- 15/04/2021 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 II ADDITIONAL SESSIONS JUDGE, CHENNAI.

2 THE INSPECTOR OF POLICE B2, ESPLANADE POLICE STATION, CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.C.JAGAN Advocate on payment of necessary charges CRL OP.4581/2021 Date :15/04/2021 MN-10/05/2021 https://hcservices.ecourts.gov.in/hcservices/