Awaniyappan @ Aavani v. State Of Tamilnadu Rep By

Crl.O.P.No.18380 of 2023 Crl.O.P.No.18380 of 2023 RMT. TEEKAA RAMAN.,J.

The petitioners, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 364 of 2023 and 399 of I.P.C, in Crime No.399 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that, on 22.07.2023 the Inspector of Police along with two police officer were in surveil. On hearing a sound near a bush, the respondent police found that the accused No.1&3 along with the petitioner/accused 4&5 are preparing to commit dacoity and on seeing the police, the petitioners were escaped. The police found the identity, details of the petitioners based on the confession statement of the 1st and 2nd accused and recovered the wood and knife. Hence the case.

3. The learned counsel for the petitioners submitted that the coaccused were arrested and enlarged on bail. The petitioners are no way connected with this offence. Based on the confession statement of the arrested co-accused, petitioners herein implicated in this case. Hence, he prays to grant to anticipatory bail to the petitioners. https://www.mhc.tn.gov.in/judis 1/2

Crl.O.P.No.18380 of 2023 RMT.TEEKAA RAMAN,J., nvi 4.The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the second and fourth petitioners are already arrested and remanded judicial custody and the investigation is in at preliminary stage. Hence, he opposed for grant of anticipatory bail to the petitioners.

5.Heard the learned counsel for the petitioners and the learned Government Advocate (crl.side) for the respondent police and perused the materials available on record.

6.Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on either side and the nature of offence committed by the petitioners and the investigation is at preliminary stage, this Court is not inclined to grant bail to the petitioners. 7.Accordingly, this Criminal Original Petition is dismissed. 18.08.2023 nvi Crl.O.P.No.18380 of 2023 https://www.mhc.tn.gov.in/judis 2/2