D.Rajkumar v. The Inspector Of Police

CRL OP(MD). No.5365 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/05/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD). No.5365 of 2020 D.Rajkumar ... Petitioner/7th Accused Vs The Inspector of Police, Eravancheri Police Station, Thanjavur District Cr No.59/2016.

... Respondent/Complainant For Petitioner : Mr.B.Prahalad Ravi, Advocate.

For Respondent : Mr.S.Chandrasekar, Additional Public Prosecutor PRAYER :- For Bail in Crime No.59 of 2016 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner herein was arrested by the respondent police on 20.03.2020 for the alleged offence under Sections 457(2), 380(2), 120B and 414 of IPC.

2. The case was registered for idol theft. On 28.07.2016, based on the complaint given by one Vasandha stating that Varasakthi Vinayagar idol from the temple of Poongudi Moolai village, which is stolen, the case was registered in Crime No.59 of 2016 by the respondent police and the same was under investigation. While so, on 20.03.2020, this petitioner has been arrested for the alleged offence under Sections 457(2), 380(2), 120B and 414 of IPC.

3. The learned counsel for the petitioner would submit that the petitioner has not committed the offence as alleged by the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.5365 of 2020 prosecution and the petitioner is under Judicial Custody and incarceration for more than 51 days.

4. Per contra, the learned Additional Public Prosecutor appearing for the State would submit that after sustained investigation, only recently the police had found 8 persons were involved in the offence. Five were arrested and others absconding. The idol is yet to be recovered, hence he opposed granting bail to the petitioner.

5. In view of the fact that the stolen property is not yet recovered and few more accused are absconding, this Court is not inclined to grant bail to the petitioner.

6. Hence, this criminal original petition stands dismissed. sd/- 18/05/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SUPERINTENDENT CENTRAL PRISON, TRICHY 2 THE INSPECTOR OF POLICE ERAVANCHERI POLICE STATION, THANJAVUR DISTRICT THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

ORDER

IN CRL OP(MD) No.5365 of 2020 Date :18/05/2020 ME/JC/SAR 2/19.05.2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2