A bail petition filed under Section 439 Cr.P.C. by an accused remanded to judicial custody for over 30 days regarding theft and criminal mischief of a temple idol was dismissed due to risk of absconding and tampering with evidence.
Bail sought under Section 439 Cr.P.C. is dismissed; petitioner is to remain in judicial custody.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Wednesday, the Twelfth day of September Two Thousand Eighteen
PRESENT
The Hon`ble Mr Justice R. MAHADEVAN
and
The Hon`ble Mr Justice P.D.AUDIKESAVALU
CRIMINAL ORIGINAL PETITION No.21702 of 2018
YUGANATHAN [ PETITIONER / ACCUSED ]
Vs
THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE,
IDOL WING CID, GUINDY, CHENNAI
CR.NO.6 OF 2018.
For Petitioner : M/S.R.SASIKUMAR Advocate
For Respondent : MRS.KIRTHIKA KAMAL Government Advocate
PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioner, who was arrested and remanded to judicial custody on 07.08.2018 in connection with a case in Crime No.6/2018 on the file of the respondent police, registered for the alleged offences punishable under Sections 454(2), 457(2) and 380(2) IPC, has filed this petition seeking bail.
2.It is the case of the prosecution that on 06.08.2018, at Porur, the petitioner/A2 and three others have transported a Panchaloga Amman Idol along with a Thiruvachi, in a Nano car bearing Registration No.TN09 BP 3040, which resulted in registration of the present case. It is the further case of the prosecution that the said idol was stolen from a temple in Thiruvallur District for selling it to the tune of Rs.50 lakhs.
3.The learned counsel for the petitioner submitted that the petitioner is running a browsing centre at Vadapalani and he is only a friend of A1. According to the learned counsel, he has nothing to do with the alleged offence and he has been falsely implicated in
this case. Further, the petitioner is languishing in jail from 07.08.2018 i.e., for more than 30 days. Hence, the learned counsel seeks indulgence of this Court to consider this bail petition in favour of the petitioner herein.
4.On the other hand, the learned Government Advocate (Crl.Side) seriously opposed the relief sought in this petition. According to her, on 06.08.2018, the respondent police made a vehicle search, during the course of which, the car in question was intercepted and on enquiry, it came to light that the accused were found in possession of an Amman Idol along with thali and also a Thiruvachi and consequently, the vehizle was seized; the properites found therein were recovered; and the petitioner and others were arrested and remanded to judicial custody. She further submitted that the confession statement given by the first accused would reveal the involvement of the petitioner in the commission of the offence. Hence, she prayed for dismissal of this petition.
5.Head the rival submissions and perused the records.
6.Considering the nature and gravity of the offence committed by the petitioner and also taking note of the fact that the investigation is in progress, this Court is of the view that there is every possibility of the petitioner absconding from the clutches of law and hampering the witnesses and tampering the evidence, if he is released on bail. Hence, the petitioner is dis-entitled to get any relief in this petition.
7.Accordingly, this petition stands dismissed.
-sd/12/09/2018
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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.
2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY
3 THE INSPECTOR OF POLICE, IDOL WING CID, GUINDY CHENNAI
CC to M/S.R.SASIKUMAR Advocate on payment of necessary charges
+1CC to O/O.PUBLIC PROSECUTOR SR.NO. 17284
CRL OP.21702/2018
Date :12/09/2018
cm 20/09/2018
1 issue framed by the court
Whether bail should be granted to the petitioner who is remanded to judicial custody for 30+ days in a theft case involving a stolen idol.
2 provisions across 2 enactments
YUGANATHAN
THE STATE REP BY ITS THE INSPECTOR OF POLICE, IDOL WING CID, GUINDY, CHENNAI
R. MAHADEVAN
P.D. AUDIKESAVALU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
