1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2011 CORAM THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN CRL.RC.(MD)NO.413 OF 2011 P.S.Anavaratham ... Petitioner Versus 1.The State represented by The Inspector of Police, Idol Wing, Chennai. (Crime No.114 of 2005) 2.The Executive Officer, Arulmigu Narumboonathar Swamy Temple, Tiruppudaimaruthur Village, Ramanathapurm Taluk, Tirunelveli District. ... Respondents (Suo-motu impleaded as per the order of Hon'ble Court made in Crl.RC.(MD)NO.413 of 2011 dated 24.06.2011) PRAYER : Criminal Revision Petition filed under Section 397 and 401 Cr.P.C., to call for the entire records pertaining to the order passed by the learned Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur in Cr.M.P.No.1091 of 2011 in C.C.No.2 of 2008 vide its order dated 18.05.2011 and quash the same and consequently direct the above said learned Chief Judicial Magistrate to return the Aimpon Statues, kept in the custody of the above said learned Magistrate vide P.R.No.21 of 2006 (five in numbers) and 26 of 2007 (four in numbers) in connection with the case inC.C.No.2 of 2008 pending on the file of the said Magistrate, to the petitioner. For Petitioner : Mr.R.Anand For Respondents : Mr.Mr.P.Kandasamy, Govt. Advocate (Crl. Side) for R.1 and R2 O R D E R The petitioner, claiming to be a non-hereditary trustee of the Arulmigu Narumboonathar Swamy Thirukkoil, Palavoor, Ramanathapuram Taluk, Tirunelveli District, filed Cr.M.P.No.1091 of 2011, for return of the following nine idols by way of interim custody, which were stolen from the said temple. https://hcservices.ecourts.gov.in/hcservices/ 2 A.CC.No.02/2008 IN PR.No.21/2006: Sl. Particulars of Aimpon Statues Height Width Weight 1 Shri Subramaniyar 58 cms 23 cms 15.5 kg 2 Sivagami Amman 56 cms 22 cms 15.5 kg 3 Veilukugaunthaman 37 cms 17 cms 3.25 kg 4 Krishnan 49 cms 19 cms 11.3 kg 5 Asthira Thevar 32 cms 12 cms 2 kg B.CC.02/2008 IN PR.No.26/2007: Sl Particulars of Aimpon Statues Height Width Weight 1 Shri Natrajar 71 cms 47 cms 42.7 kg 2 Amman 64 cms 21 cms 16.5 kg 3 Manicka Vasagar 30 cms 12 cms 2.6 kg 4 Karaikal Amaiyar 21 cms 17 cms 4.6 kg 2. The first respondent/prosecution also expressed no objection subject to the condition that as and when the said idols are required by the trial Court for the purpose of identification and marking as material objects, the temple administration shall hand over the same to the custody of the Court/ Investigation Officer. However, the Court of learned Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur, vide order dated 18.05.2011, has dismissed the said petition on the ground that one more person has been appointed as non-hereditary trustee and therefore, the petition filed by revision petitioner is not maintainable. 3. When the case was listed for admission, this Court directed the Executive Officer of the above said temple to present before this Court and hence, the Executive officer is present today and would submit that on behalf of the temple, the custody of the idols will be taken and as and when the the trial Court requires the idols for identification and marking as Material objects, they will be returned and the said statement is also recorded. 4. This Court heard the submission of the learned Counsel appearing for the revision petitioner as well as the learned Government Advocate (crl. Side) also. 5. This Court, taking into consideration the above facts and circumstances of the case and also the fact that the even before the lower Court, the first respondent has no objection for return of above said idols subject to the above said conditions, is of the view that the impugned order passed by the lower Court is liable to be set aside. https://hcservices.ecourts.gov.in/hcservices/ 3 6. In the result, the Criminal Revision Case is allowed and the order dated 18.05.2011 passed by the learned Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur, is set aside. The Court of learned Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur, is directed to return the above said idols to the custody of the Executive Officer of the Arulmigu Narumboonathar Swamy Thirukkoil, Palavoor, Ramanathapuram Taluk, Tirunelveli District, by way of interim custody subject to the condition that as and when the above said idols are required for identification and marking as Material Objects, the same will be returned to the custody of the Court. The revision petitioner herein may also assist the Executive Officer for getting back the above said idols pursuant to the order passed by this Court, if his services are required. Sd/- Deputy Registrar (Accounts) /True Copy/ Assistant Registrar To 1.The Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur. 2.The Inspector of Police, Idol Wing, Chennai. 3.The Executive Officer, Arulmigu Narumboonathar Swamy Temple, Tiruppudaimaruthur Village, Ramanathapuram Taluk, Tirunelveli District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRL.RC.(MD)NO.413 OF 2011 29.06.2011 vsm NSV/07.07.11/3P/5C https://hcservices.ecourts.gov.in/hcservices/