Madras High CourtCRL OP/23146/2023dismissed

Dhana Sekar v. State By

2023-10-09Honourable Mr Justice C.V. Karthikeyan2 pages

Crl.O.P.No.23146 of 2023 Crl.O.P.No.23146 of 2023 C.V.KARTHIKEYAN.,J.

The petitioners/A1 to A3, who apprehend arrest at the hands of the respondent police for the offence punishable under Section 380 of I.P.C, in Crime No.12 of 2023, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the first petitioner was doing "Thirupani" of the Agatheeswarar temple which is in Saram village in Villupuram District. The de-facto complainant gave a complaint against the first petitioner that some idols in Agatheeswarar temple were missing. Hence the case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons. They have been falsely implicated in this case. Due to political enmity, a false complaint was given by the de-facto complainant and H.R.&C.E Department enquired and found no such idols were missing in the temple. The first petitioner had given a complaint against the de-facto complainant on 09.08.2023 and a case is registered in Crime No.218 of 2023. Hence, he prays to grant to anticipatory bail to the petitioners.

https://www.mhc.tn.gov.in/judis 1/2

Crl.O.P.No.23146 of 2023 C.V.KARTHIKEYAN,J., nvi

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the de-facto complainant given a case against the petitioner that some idols in Agatheeswaran temple are missing. 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 and gravity of the offence committed by the petitioners, this Court is not inclined to grant anticipatory bail to the petitioners. 7.Accordingly, this Criminal Original Petition is dismissed. 09.10.2023 nvi Crl.O.P.No.23146 of 2023 https://www.mhc.tn.gov.in/judis 2/2