Tamizh @ Tamizhselvan v. The State Rep By Its,

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 506(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 this is the second bail petition of the petitioner and this Court had earlier dismissed the bail application filed by the petitioner in Crl.O.P.No.1149 of 2023 vide order dated 20.01.2023. He also submitted that the petitioner has been implicated only based on the confession statement recorded from

the other accused and 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 accused has kidnapped the defacto complainant and robbed Rs.20,000/- and a cell phone from him at knife point. 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. He also stated that the earlier bail application filed by the petitioner was dismissed by this Court on 20.01.2023 and also submitted that there is no change of circumstances, thereby, prayed for dismissal of the petition.

5.Taking into consideration the facts and circumstances of the case, the submissions made by the learned Government Advocate

(Crl.Side) and also considering the fact that there is no change in circumstances, this Court finds that this case needs a detailed investigation, thereby, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, the Criminal Original Petition stands dismissed. 02.03.2023 vkr

T.V.THAMILSELVI, J.

vkr 02.03.2023