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2012 Supreme(Mad) 2092

S.NAGAMUTHU
State through the Idol Wing Crime Investigation Department – Appellant
Versus
Subash Chandra Kapoor, Represented by Sushma Rani Sareen – Respondent


Advocates Appeared:
For the Petitioner:I. Subramaniam, Public Prosecutor Assisted by K.P. AnanthaKrishnan, Government Advocate, M. Maharaja, Addl. Public Prosecutor.
For the Respondent:P. Wilson, Senior Counsel for M/s. P. Wilson Associates, Advocates.

Judgment :-

1. Seeking to quash the order made by the learned Judicial Magistrate, Jeyamkondam, in Crl.M.P.No.2492 of 2012, dated 12.04.2012, the State has come up with this Criminal Original petition.

2. The respondent is the 7th accused in the case in C.C.No.180 of 2011 on the file of the said court [Crime No.65 of 2008 on the file of the Inspector of Police, Udayarpalayam]. The impugned order of the learned Judicial Magistrate came to be passed in the following circumstances:-

(a) On 13.04.2008, in a famous temple viz., M/s.Arulmigu Sundareswarar and Varadharaja Perumal Thirukovil, Suthamalli Village, Udayarpalayam Taluk, Ariyalur District, as many as 18 idols, made of panchalohas were stolen away. In respect of the said occurrence, the inspector of police, Udayarpalayam registered a case in Crime No. 65 of 2008 on 14.04.2008 under Sections 457 and 380 I.P.C. During the course of investigation, the Investigating Officer found that as many as seven persons were involved in the said crime.

(b) Some of the accused were arrested and one accused was granted anticipatory bail. The arrested accused were interrogated and confession statements were also recorded. But, the idols have not b


























































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