Petitioner accused of stealing idols sought bail after arrest. Court rejected bail due to offence gravity, absconding history, and flight risk.
Petitioner disentitled to bail; petition dismissed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Friday, the Sixteenth day of November Two Thousand Eighteen
PRESENT
The Hon`ble Mr Justice R. MAHADEVAN
The Hon`ble Mr Justice P.D.AUDIKESAVALU
CRIMINAL ORIGINAL PETITION No.24237 of 2018
[ ON THE FILE OF THE ADDL. CHIEF JUDICIAL MAGISTRATE COURT,
MUSTHAFA [ PETITIONER / ACCUSED ]
Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, IDOL WING CID, GUINDY, CHENNAI. CR.NO.03 OF 2015
For Petitioner : M/S.P.YASMIN BEGUM Advocate
For Respondent : M/S. KRITHIKA KAMAL, Govt. Advocate ( Crl. Side)
ORDER : The Court Made the following order :-
The petitioner/A9, who was arrested and remanded to judicial custody on 28.08.2018 in connection with a case in Crime No.3/2015 on the file of the respondent police, registered for the alleged offences punishable under Sections 457(2), 380(2), 411(2), 414 r/w 34P and 120(B) IPC, has filed this petition seeking bail.
2.It is the case of the prosecution that on a secret telephonic information received on 14.05.2015, the defacto complainant by name Palanisamy, SSI along with his party, made a vehicle check up at West Mambalam, Chennai, during the course of which, he intercepted a two wheeler driven by A8 and seized two idols from him and also recovered 6 other idols from his house, based on his confession statement, which resulted in the registration of the present case in FIR No.3/2015. Further, the confession statement of A8 would reveal that totally 18 persons have been involved in this case and they have committed the offences in three places, which resulted in the registration of Cr.No.7/2015 on the file of Sunguvarchatram Police Station and Cr.Nos.9/2015 and 10/2015 on the file of Vandavasi Police https://hcservices.ecourts.gov.in/hcservices/ Station.
3.It is the further case of the prosecution that out of 18 accused, 3 have been turned as approvers, due to which, charge sheet has been laid only againat 15 accused, showing A4 and A9 in the absconding column and on execution of Non bailable warrant, the petitioner has now been arrested and remanded to judicial custody on 28.08.2018. The role of the petitioner in this case is that he acted as driver of the offending vehicle and made visits along with the accused to various temples during day times, in order to watch over the valuable idols and committed the theft of the same in the night hours.
4.The learned counsel for the petitioner submitted that the petitioner, who is a driver by profession, has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. According to the learned counsel, originally the name of the petitioner did not find place in the FIR and it was shown in the absconding column only in the charge sheet. The learned counsel further submitted that the petitioner is languishing in jail from 28.08.2018 onwards. Hence, the learned counsel seeks indulgence of this Court to consider this bail petition in favour of the petitioner herein.
5.On the other hand, the learned Government Advocate (Crl.Side) seriously opposed the relief sought in this petition. According to her, the petitioner has been absconding for the past three years and now only, he has been secured on execution of non bailable warrant. Further, the value of the idols is about Rs.80 crores and the offending vehicle is yet to be recovered. Hence, she prayed for dismissal of this petition.
6.Head the rival submissions and perused the records.
7.Considering the nature and gravity of the offence committed by the petitioner that he along with other accused, made visits to the temples during the day times and committed the theft of idols in the night hours and also taking note of the fact that the petitioner has been absconding for the past three years, 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 disentitled to get any relief in this petition.
8.Accordingly, this petition stands dismissed.
-sd/16/11/2018
This order, on being produced, be punctually observed and carried into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.) https://hcservices.ecourts.gov.in/hcservices/ High Court, Madras - 600 104.
TO
1 THE ADDL. CHIEF JUDICIAL MAGISTRATE COURT, KUMBAKONAM. 2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS. 4 THE INSPECTOR OF POLICE, IDOL WING CID, GUINDY, CHENNAI. CC to M/S.P.YASMIN BEGUM Advocate on payment of necessary charges CRL OP.24237/2018 Date :16/11/2018 ths : 05.12.2018
3 issues framed by the court
Whether the petitioner is entitled to bail in a charge of theft of idols involving absconding.
Whether bail can be granted considering the gravity of the offence and the risk of tampering with evidence.
Whether the petitioner, having absconded for three years, should be granted bail.
1 provisions across 1 enactments
MUSTHAFA
STATE REP BY 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
