BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.8510 of 2011 RAJENDRAN ..PETITIONER/ACCUSED NO.5 Vs. STATE REP.BY THE INSPECTOR OF POLICE KABISTHALAM POLICE STATION, THANJAVUR DISTRICT. CR NO. 23/2011 ..RESPONDENT/COMPLAINANT For Petitioner : M/S. N.ANANDA KUMAR Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 457 and 380 I.P.C., in Crime No.23 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2.The learned counsel appearing for the petitioner would submit that the petitioner is arrayed as A5 and no overt act is attributed against the petitioner and the alleged occurrence has been taken place on 21.01.2011, when the watchman of the Agatheeswarar temple went inside the temple and found that the 5 idols among the 13 idols of Agatheeswarar temple were missing, which is worth about Rs.3 lakhs and the trustee had lodged a complaint. He would further submit that only on the basis of the confession of the other accused, the petitioner was implicated and the petitioner is in noway connected with the offence and he apprehends for arrest and hence, he prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor (Crl.Side) would submit that a case has been registered against him and the name of the petitioner/accused has not been mentioned in the F.I.R and during investigation only, A1 was arrested and on his confession, the petitioner was implicated in this case and 5 idols which were missed was recovered from a channel and A1 to A4 were already enlarged on https://hcservices.ecourts.gov.in/hcservices/ bail and the investigation is considerably over and hence, he prays for dismissal of this application. 4.Considering the rival submissions made by both sides and also considering the fact that the alleged occurrence has been taken place on 21.01.2011 at 10 a.m., 5 idols were missing which is worth about Rs.3 lakhs and during investigation A1 was arrested and on his confession, the present petitioner was implicated and the idols had already been recovered from a channel and as except this petitioner, other accused were enlarged on bail and the investigation is considerably over, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Papanasam, Thanjavur District and on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall report before the Court concerned daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 5. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 11/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, PAPANASAM, THANJAVUR DISTRICT. 2 -Do-Thro' THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4 THE INSPECTOR OF POLICE KABISTHALAM POLICE STATION, THANJAVUR DISTRICT. +1. CC to M/S. N.ANANDA KUMAR Advocate SR.No.27616 akm/16.08.11 /2p-6c/ ORDER IN CRL OP(MD) No.8510 of 2011 Date :11/08/2011 https://hcservices.ecourts.gov.in/hcservices/