Venu Srinivasan, 66 Years, v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of November Two Thousand Eighteen PRESENT The Hon`ble Mr Justice R. MAHADEVAN and The Hon`ble Mr Justice P.D.AUDIKESAVALU CRIMINAL ORIGINAL PETITION No.19880 of 2018 VENU SRINIVASAN, [ PETITIONER / ACCUSED ] Vs 1 THE STATE REP BY ITS, [ RESPONDENTS ] THE INSPECTOR OF POLICE, MYLAPORE, CHENNAI.

CR.NO.5 OF 2018.

2 THE INSPECTOR OF POLICE, CBCID (IDOL WING CHENNAI) OVERALL SUPERIVISORY OFFICE IW CID IGP SPECIAL CAMP OFFICE TRICHY.

For Petitioner : MR.B.KUMAR, SENIOR COUNSEL FOR M/S.R.RAJARATHINAM Advocate For Respondent : MR. C.AYYAPPARAJ ADDL. PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in connection with the case in Crime No.5 of 2018 registered for the alleged offences punishable under Sections 403, 406, 409, 202 and 120B IPC, the petitioner has come up with the present Criminal Original Petition, seeking anticipatory bail. 2.The case of the prosecution is that on 23.07.2018, one Rangarajan Narasimhan lodged a complaint against the three individuals, archakars and temple officials, with regard to replacement and theft of idol of Parvathi in the form of Peacock in Shri Kapaleeswarar Temple, Mylapore, which resulted in the registration of the present case.

3.According to the learned Senior Counsel for the petitioner, the petitioner is the Chairman of TVS Motor Company; and he is also a

philanthropist and staunch devotee of Sri Kapaleeswarar Temple, Mylapore and participated in Kumbabhishekham of the said temple by giving considerable amount as contribution. The learned counsel further submitted that the petitioner has nothing do with the alleged offence and he has been falsely implicated in this case. However, he submitted that the petitioner is ready and willing to abide by any condition that may be imposed by this Court and he will appear before the Investigating Agency, as and when required. Thus, the learned counsel seeks indulgence of this Court to grant anticipatory bail in favour of the petitioner.

4.Mr.C.Iyyapparaj, learned Additional Public Prosecutor appearing for the respondents has no serious objection in granting anticipatory bail to the petitioner. However, on instructions, he submitted that the respondent police are investigating the matter and hence, the petitioner may be directed to appear before the respondent, as and when required.

5.Heard both sides and perused the records.

6.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner. 7.Accordingly, this Criminal Original Petition is allowed by enlarging the petitioner on bail in the event of his arrest by the respondent police or surrender on his appearance within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate concerned, on the following conditions:- (i)The petitioner shall execute a bond for Rs.

1,00,000/- (Rupees One Lakh Only) with two sureties each for a like sum to the satisfaction of the learned Additional Chief Judicial Magistrate, Kumbakonam; and (ii)The petitioner shall appear before the Idol Wing officials, Thiruchirapalli, as and when required for interrogation. After we pronounced the aforesaid order, the learned Government Advocate (Crl.Side) submitted that the respondent police are still investigating the matter and if they are able to collect any incriminating material against the petitioner, liberty may be given to file necessary petition for appropriate orders.

2.Acceding the aforesaid submission made by the learned Government Advocate (Crl.Side), such liberty is granted. -sd/- 28/11/2018 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE ADDL. CHIEF JUDICIAL MAGISTRATE, KUMBAKONAM.

2 THE CHIEF JUDICIAL MAGISTRATE THANJAVUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, MYLAPORE, CHENNAI.

5 THE INSPECTOR OF POLICE, CBCID (IDOL WING CHENNAI) OVERALL SUPERIVISORY OFFICE IWCID IGP SPECIAL CAMP OFFICE TRICHY.

6 THE OFFICER INCHARGE, IDOL WING OFFICIALS, THIRUCHIRAPALLI.

+1 CC to M/S.R.RAJARATHINAM Advocate on payment of necessary charges-Sr.22643 CRL OP.19880/2018 Date :28/11/2018 ths : 30.11.2018