CRL OP(MD)/18005/2017 of CHRISTY ROLEN PRABHU @ Vs THE INSPECTOR OF POLICE on 28 December 2017

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

CHRISTY ROLEN PRABHU @ PRABHU @ CHRISTY PRABHU... PETITIONER/ACCUSED No.5

Vs

THE STATE REPRESENTED BYTHE 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 therespondent police for the alleged offence punishable under Sections147, 364, 307, 302 and 201 IPC in Crime No.647 of 2017 on the fileof 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, [REDACTED] been abducted by the petitioner along with other accused andmurdered her. The petitioner, who is the Police Head Constable, isarrayed as A5.

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

5.The learned Government Advocate (Crl.side) submitted thatearlier anticipatory bail petitions in Crl.O.P.(MD)Nos.13518 andhttps://hcservices.ecourts.gov.in/hcservices/14296 of 2017 were dismissed by this Court and the present petitionis filed for the third time. He also submitted that investigation is pending and charge sheet is yet to be filed. He furthersubmitted that after dismissal of the earlier anticipatory bailpetitions, there is no change in circumstances.

6.Considering the facts and circumstances of the case and alsotaking note of the fact that after dismissal of the earlieranticipatory bail petition, there is no change in circumstances, Iam 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 POLICEC-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