Christy Rolen Prabhu @ v. `The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of March Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.3510 of 2018 CHRISTY ROLEN PRABHU @ PRABHU @ CHRISTRY PRABHU, ... PETITIONER / ACCUSED No.5 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, C-5, KARIMEDU POLICE STATION, MADURAI CITY.

(CRIME NO.647 OF2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.AR.JEYA RHUTHRAN Advocate For Respondent : Mr.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.5, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 365,302,201 of IPC @ 147,364,307,302 and 201 of IPC in Crime No.647 of 2017, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and other accused are said to have kidnapped the victim gril viz., Jothi and murdered her. Thus on complainant, a case has been registered against the petitioner.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution and his name has been falsely implicated in this case.

4.The learned Government Advocate (Criminal Side) would submit that the investigation is completed.

5.The submissions made by the learned counsel appearing on either side are considered.

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6. It is alleged that during the time of occurrence, the prime accused, who is A1 along with A2 to A5 in this case committed the murder of deceased, in which, they killed and buried in a land. The petitioner herein, who is arrayed as A5, after committing the offence, gave a car to the other accused for escaping from the scene of occurrence. As per the case of prosecution, the petitioner was working as a Police Head Constable in the Tamil Nadu Police Department. So, the petitioner, who is working in the law enforcing agency committed the offence. Thereby the offence committed by the petitioner is nothing but a heinous one. Even though the investigation is completed in this case, granting anticipatory bail for this type of petitioner may be leads to loosing the faith in the judicial forum. So, far the reasons stated above, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. sd/- 07/03/2018 / 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, MADURAI CITY.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.M.JEYADEESHA PANDIAN, Advocate SR.No.3693 TRP JAM/19/03/2018/RR / SAR 1 / 2P-4C

ORDER

IN CRL OP(MD) No.3510 of 2018 Date :07/03/2018 https://hcservices.ecourts.gov.in/hcservices/