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Madras High CourtCRL OP/10200/2023granted

Johny @ John Paulraj v. State Rep By

2023-05-17Honourable Mr Justice A.A.Nakkiran10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.05.2023

CORAM

THE HON'BLE MR. JUSTICE A.A.NAKKIRAN Crl.O.P.Nos.10200, 10201, 10206, 10208, 10209, 10211, 10212 & 10214 of 2023 Johny @ John Paulraj ... Petitioner in all Crl.O.Ps.

Vs.

The State represented by, The Inspector of Police, Virudampet Police Station, Vellore District.

... Respondent in Crl.O.P.Nos.10200, 10201, 10208, 10209, 10211 & 10212 of 2023 The State represented by, The Inspector of Police, Vellore North Crime Police Station, Vellore District.

... Respondent in Crl.O.P.Nos.10206 & 10214 of 2023 Prayer in Crl.O.P.No.10200 of 2023: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner/accused on bail, in connection with the Crime No.316 of 2018, pending investigation on the file of the respondent Police.

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Prayer in Crl.O.P.No.10201 of 2023: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner/accused on bail, in connection with the Crime No.576 of 2019, pending investigation on the file of the respondent Police.

Prayer in Crl.O.P.No.10206 of 2023: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner/accused on bail, in connection with the Crime No.431 of 2019, pending investigation on the file of the respondent Police.

Prayer in Crl.O.P.No.10208 of 2023: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner/accused on bail, in connection with the Crime No.375 of 2018, pending investigation on the file of the respondent Police.

Prayer in Crl.O.P.No.10209 of 2023: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner/accused on bail, in connection with the Crime No.657 of 2020, pending investigation on the file of the respondent Police.

Prayer in Crl.O.P.No.10211 of 2023: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner/accused on bail, in connection with the Crime No.539 of 2017, pending investigation on the file of the respondent Police.

Prayer in Crl.O.P.No.10212 of 2023: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner/accused on bail, in connection with the Crime No.378 of 2018, pending investigation on the file of the respondent Police.

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Prayer in Crl.O.P.No.10214 of 2023: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner/accused on bail, in connection with the Crime No.107 of 2018, pending investigation on the file of the respondent Police.

In all Crl.O.Ps., For Petitioner : Mr.R.Sasikumar For Respondents : Mr.S.Sugendran Additional Public Prosecutor COMMON ORDER The petitioner, who was arrested and remanded to judicial custody, in connection with Crime Nos.316 of 2018, 576 of 2019, 431 of 2019, 375 of 2018, 657 of 2020, 539 of 2017, 378 of 2018 & 107 of 2018, registered on the file of the respondent Police respectively, seeks bail. 2.1 The case of the prosecution in Crl.O.P.No.10200 of 2023 is that the accused, had kidnapped the de-facto complainant's son and demanded a ransom of Rs.30 lakhs. Based on his complaint, a case in Crime No.316 of 2018 for the offences under Sections 368 & 364A of IPC. Hence the case.

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2.2 The case of the prosecution in Crl.O.P.No.10201 of 2023 is that the accused had waylaid the de-facto complainant, abused him in a filthy language, assaulted him and snatched a sum of Rs.5000/- from him at knife point. Based on his complaint, a case in Crime No.576 of 2019 for the offences under Sections 294(b), 323, 392, 307 & 506(ii) of IPC. Hence the case.

2.3 The case of the prosecution in Crl.O.P.No.10206 of 2023 is that the accused had waylaid the de-facto complainant, abused him in a filthy language, assaulted him and snatched a sum of Rs.10,300/- from him at knife point. Based on his complaint, a case in Crime No.431 of 2019 for the offences under Sections 294(b), 341, 392, 397 & 506(ii) of IPC. Hence the case.

2.4 The case of the prosecution in Crl.O.P.No.10208 of 2023 is that the accused had set fire to the car of the de-facto complainant's relative and caused huge damage. Based on his complaint, a case in Crime No.375 of 2018 for the offences under Section 435 IPC and Section 4 of TNPPDL Act, 1992. Hence the case.

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2.5 The case of the prosecution in Crl.O.P.No.10209 of 2023 is that the accused had waylaid the de-facto complainant, abused him in a filthy language and robbed a sum of Rs.15,000/- from him at knife point. Based on his complaint, a case in Crime No.657 of 2020 for the offences under Sections 341, 294(b), 392 & 506(ii) of IPC. Hence the case. 2.6 The case of the prosecution in Crl.O.P.No.10211 of 2023 is that the accused had kidnapped the de-facto complainant and demanded a ransom of Rs.10 lakhs from him. Based on his complaint, a case in Crime No.539 of 2017 for the offences under Sections 147, 148, 294(b), 323, 324, 342, 363, 387 & 506(ii) of IPC. Hence the case. 2.7 The case of the prosecution in Crl.O.P.No.10212 of 2023 is that the accused had set fire to the two wheeler belonging to the de-facto complainant and caused damage. Based on his complaint, a case in Crime No.378 of 2018 for the offences under Section 435 IPC and Section 4 of TNPPDL Act, 1992. Hence the case.

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2.8 The case of the prosecution in Crl.O.P.No.10214 of 2023 is that the accused had waylaid the de-facto complainant and robbed a sum of Rs.2,000/- from him at knife point. Based on his complaint, a case in Crime No.107 of 2018 for the offences under Sections 341, 392 & 506(ii) of IPC. Hence the case.

3. Learned Counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in these cases, since he has got some previous cases. He further submitted that the petitioner is no way connected with the alleged offence and the respondents have foisted these cases against the petitioner, in order to keep him under continued detention. He also submitted that the petitioner was originally arrested on 13.11.2020 and he has been remanded to judicial custody in these cases through PT warrant. He further submitted that the petitioner is ready to abide by any other stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Additional Public Prosecutor appearing for the respondents police submitted that the petitioner is a habitual offender, against 6/10

whom, 51 previous cases are pending. He also submitted that these are the fourth bail petitions filed by the petitioner before this Court and the earlier bail applications of the petitioner were dismissed by this Court on considering his bad antecedents. He further submitted that the investigation in these cases are still pending and if bail is granted to the petitioner, there is every possibility of him to interfere with the investigation and to tamper the witnesses. Hence, he vehemently opposed for grant of bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents and perused the entire materials available on record.

6. Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on either side and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing separate bond in each crime number for a sum of Rs.25,000/- 7/10

(Rupees Twenty five thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate - III & learned Judicial Magistrate - IV, Vellore respectively and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the Inspector of Police, Virudampet Police Station, Vellore, everyday at 10.30 a.m., and also report before the Inspector of Police, Vellore North Crime Police Station, Vellore, everyday at 06.30 p.m., until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court 8/10

in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

17.05.2023 ham To

1. The Judicial Magistrate - III, Vellore.

2. The Judicial Magistrate - IV, Vellore.

3. The Inspector of Police, Virudampet Police Station, Vellore District.

4. The Inspector of Police, Vellore North Crime Police Station, Vellore District.

5. The Central Prison, Cuddalore.

6. The Public Prosecutor, High Court of Madras.

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A.A.NAKKIRAN.,J.

ham Crl.O.P.Nos.10200, 10201, 10206, 10208, 10209, 10211, 10212 & 10214 of 2023 17.05.2023 10/10