Jose Ananth Singh, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.4192 of 2018 JOSE ANANTH SINGH ... PETITIONER / ACCUSED No.6 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, PANAKUDI POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO.356 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.VEERAKATHIRAVAN, Senior Counsel for B.KARUPPASAMY Advocate For Respondent : M/S. A.P.G.OHM CHAIRMA PRABHU, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is shown as Accused No.6 in Crime No.356 of 2017, on the file of the Inspector of Police, Panakudi Police Station, Tirunelveli District for the offences punishable under Sections 449 and 302 of IPC @ 147, 148, 120(b), 212, 449 and 302 of IPC, seeks anticipatory bail.

2.Heard the learned Senior Counsel appearing for the petitioner and the learned Government Advocate(Crl Side) appearing for the respondent.

3.The learned Senior Counsel submitted that more than seven months have lapsed and that considering the facts and circumstances of this case, custodial interrogation would certainly not be necessary. He in fact highlighted the fact that when the co-accused were arrested, the custodial interrogation was not sought. He also submitted that the petitioner is suffering from cancer in brain. 4.Even though all these submissions are fairly impressive, this Court is unable to grant relief to the petitioner for the simple reason that in a case of murder, Anticipatory Bail can be granted https://hcservices.ecourts.gov.in/hcservices/

only if it is conclusively established that the person is falsely implicated in the case. But in this case, there is nothing on record to show that the petitioner is falsely implicated in this case. Therefore, this Court is not satisfied with the contention of the learned Senior counsel for the petitioner. This Criminal Original Petition stands dismissed.

sd/- 05/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, PANAKUDI POLICE STATION, TIRUNELVELI DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.B.KARUPPASAMY Advocate SR.No.5672.

ORDER

IN CRL OP(MD) No.4192 of 2018 Date :05/04/2018 SDS/CM:VR/GSR/17.04.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/