Prathap v. The Inspector Of Police

CRL OP(MD). No.12976 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/11/2020 PRESENT The Hon`ble Mr.Justice S.M.SUBRAMANIAM CRL OP(MD). No.12976 of 2020 Prathap ... Petitioner/Accused No.5 Vs The State rep.by The Inspector of Police, Baluchettychatram Police Station, Baluchettychatram, Kanchipuram District.

Crime No.577 of 2017.

... Respondent/Complainant For Petitioner : Mr.S.Sankar, Advocate.

For Respondent : Mrs.M.Ananthadevi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :- For Bail in Crime No. 577 of 2017 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner who arrayed as accused No.5. He was arrested and remanded to Judicial Custody on 07.10.2020, for the offences punishable under sections 454(2), 380(2), 411(2) and 223 of IPC r/w 25(1) and 25(2) of the Antiques and Art Treasures Act 1972 in Crime No.577 of 2017, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that A1 to A4 were intercepted by the police during routine check up and the temple idol was confiscated. Based on the confession statement of A1 to A4, the police came to understand that the petitioner/A5 handed over the idol to A1 to A4 to sell the same for a valuable price. The cost of the idol is ascertained as Rs.2.50 crore and it is identified as Sundaramoorthy Nayanar Panchaloga Idol. Investigation is pending and the respondent police is in the process of identifying the place, where from the idol was stolen.

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CRL OP(MD). No.12976 of 2020 3.In view of the fact that the value of the idol is more than 2.50 crore and the prima facie case is made out against the petitioner based on the confession statement of A1 to A4, the petition for bail cannot be taken into consideration at this point of time.

4.This being the factum, the petition stands dismissed. sd/- 11/11/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.THE INSPECTOR OF POLICE, BALUCHETTYCHATRAM POLICE STATION, BALUCHETTYCHATRAM, KANCHIPURAM DISTRICT.

2.THE OFFICER INCHARGE, SUB JAIL, KUMBAKONAM, THANJAVUR DISTRICT.

3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.12976 of 2020 Date :11/11/2020 RMK TK/VR/SAR.3/26.11.2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2