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Madras High CourtCRL OP(MD)/18005/2017dismissed

Christy Rolen Prabhu @ v. The Inspector Of Police

2017-12-28Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.18005 of 2017 CHRISTY ROLEN PRABHU @ PRABHU @ CHRISTY PRABHU ... PETITIONER/ACCUSED No.5 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE C-5, KARIMEDU POLICE STATION, LAW AND ORDER, MADURAI, (CRIME NO. 647/2017) ... RESPONDENT/COMPLAINANT For Petitioner : Mr.D.SIVARAMAN Advocate For Respondent : Mr.K.ANBARASAN, Government Advocate (Crl.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 punishable under Sections 147, 364, 307, 302 and 201 IPC in Crime No.647 of 2017 on the file of the respondent police, seeks anticipatory bail. 2.Heard the learned counsel on either side.

3.The case of the prosecution is that the victim namely, Jothi has been abducted by the petitioner along with other accused and murdered her. The petitioner, who is the Police Head Constable, is arrayed as A5.

4.It is submitted by the learned counsel for the petitioner that the petitioner is an innocent person and he has not committed any offence and prays for anticipatory bail in favour of the petitioner. He further submitted that the de facto complainant has not mentioned the name of the petitioner.

5.The learned Government Advocate (Crl.side) submitted that earlier anticipatory bail petitions in Crl.O.P.(MD)Nos.13518 and 14296 of 2017 were dismissed by this Court and the present petition is filed for the third time. He also submitted that investigation https://hcservices.ecourts.gov.in/hcservices/

is pending and charge sheet is yet to be filed. He further submitted that after dismissal of the earlier anticipatory bail petitions, there is no change in circumstances. 6.Considering the facts and circumstances of the case and also taking note of the fact that after dismissal of the earlier anticipatory bail petition, there is no change in circumstances, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed. sd/- 28/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE C-5, KARIMEDU POLICE STATION, LAW AND ORDER, MADURAI 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.D.SIVARAMAN Advocate SR.No.37078

ORDER

IN CRL OP(MD) No.18005 of 2017 Date :28/12/2017 nbj SH/RR/SAR-3:02.01.2018:2p/4c https://hcservices.ecourts.gov.in/hcservices/