Madras High CourtCRL OP/1149/2023dismissed

Tamizh @ Tamizhselvan v. State Rep.By

2023-01-20Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.O.P.No.1149 of 2023 T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b), 395, 397, 364, 384 and 502(ii) of IPC, in Crime No.3 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the accused have waylaid the de-facto complainant and kidnapped him to a nearby placed and robbed a sum of Rs.20,000/- and a cell phone from him at knife point. The further allegation is that the accused have also threatened him with dire consequences. Hence the case.

3. Learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is no way connected with the alleged incident and he has been implicated only based on the confession statement recorded from the other accused. He also stated that there is no specific overt act as against the petitioner and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent submitted that the de-facto complainant was kidnapped by the accused and robbed a sum of Rs.20,000/- and a cell phone from him at knife point and threatened him https://www.mhc.tn.gov.in/judis 1/2

T.V.THAMILSELVI, J.

with dire consequences. He further submitted that the petitioner played the main role in the alleged offence and he is the brain behind the offence. He also submitted that only on the instigation of this petitioner, the other accused have committed robbery. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

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

6. Considering the facts and circumstances of the case and the submissions made by the learned Government Advocate (Crl.Side) and taking note of the gravity and nature of the offence, this Court finds that this case needs a detailed investigation, thereby, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, the Criminal Original Petition stands dismissed. 20.01.2023 ham Crl.O.P.No.1149 of 2023 https://www.mhc.tn.gov.in/judis 2/2