Johny @ John Paulraj v. State Rep. By

Crl.O.P.No.13106 of 2024 T.V.THAMILSELVI, J.

This Criminal Original Petition has been filed by the petitioner, who was formally arrested and remanded to judicial custody on 01.11.2021, seeking bail in Crime No.178 of 2019 for the alleged offences punishable under Sections 294(b), 384, 435, 507 & 506(ii) of IPC and Section 4 of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992.

2. Learned counsel appearing for the petitioner submitted that this is the fifth application for bail filed by the petitioner before this Court. He further submitted that out of the 50 previous cases registered against the petitioner, he was acquitted in nearly 27 cases and in 30 cases pending trial. He also submitted that in many of the cases the petitioner has obtained bail from this Court and the present case is a foisted case. He further submitted that the petitioner was originally arrested in Crime No.835 of 2020 on 13.11.2020 and he is in judicial custody for more than 3 years. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for granting bail to the petitioner.

3. Learned Government Advocate (Criminal Side) appearing for the respondent police raised objection for granting bail to the petitioner stating that the petitioner is a habitual offender against whom several cases including the cases registered under Section 302 IPC are still pending. https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

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4. He further submitted the case of the prosecution in the present case is that the petitioner along with other accused attempted to extort money from the de facto complainant and had deliberately destroyed the properties belonging to the de facto complainant. He also submitted that this is the 5th application for bail filed by the petitioner and there is no change in circumstances in this case. Therefore, if he is released on bail, there is a possibility of him absconding and threatening the witnesses.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent and perused the materials available on record.

6. Considering the submissions made by the learned Government Advocate (Crl.Side) that there is no change in circumstances and also considering the previous antecedents and the conduct of the petitioner, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the Criminal Original Petition stands dismissed. 07.06.2024 ham Crl.O.P.No.13106 of 2024 2/2 https://www.mhc.tn.gov.in/judis