Sathish @ Sathishkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Tenth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.13682 of 2017 SATHISH @ SATHISHKUMAR ... PETITIONER/ACCUSED No.4 Vs STATE REP BY THE INSPECTOR OF POLICE PERAVURANI POLICE STATION, THANJAVUR DISTRICT.

CRIME NO.241/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.C.BHARATHI Advocate For Respondent : MR.K.ANBARASAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.4, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 457(2) and 380(2) of IPC, in Crime No.241 of 2017, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 30.09.2017, some unknown persons had broken the lock of the temple of the concerned village and the same was informed to the defacto complainant by one Pappa, wife of Veeraiyan, belonged to the same village. On investigation, it was found that 1⁄2 feet Amman Idol was stolen from the temple and therefore the present case has been filed.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the stolen idol was recovered by the respondent police from the water body.

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4. The learned Government Advocate (Criminal side) appearing for the respondent submitted that all the accused persons, except

this petitioner, were arrested on 01.10.2017 and remanded to judicial custody and investigation is still pending. Since it was a theft committed in a temple, he vehemently objected to grant anticipatory bail to the petitioner.

5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl. Side) and since it is an idol theft belonged to the temple and considering the gravity of the offence said to have been committed by the petitioner, I am not inclined to grant anticipatory bail to the petitioner and accordingly, this Criminal Original Petition is dismissed.

sd/- 10/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE PERAVURANI POLICE STATION, THANJAVUR DISTRICT 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.D.R.MURUGESAN Advocate SR.No.32420

ORDER

IN CRL OP(MD) No.13682 of 2017 Date :10/10/2017 SMA/PM-PN/SAR-3/13.10.2017:2P/4C https://hcservices.ecourts.gov.in/hcservices/