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 been recovered since the same have been exported to various foreign countries.

(c) During the course of investigation, according to the Investigating Officer, he tried his level best to secure the respondent, who has been arrayed as seventh accused in this case but, all his efforts failed. Finally, with great difficulty, the Investigating Officer came to know that the respondent was in Germany. In the meanwhile, charge sheet was laid upon which the learned Magistrate has taken cognizance. The learned Magistrate issued Non-Bailable Warrant on 25.11.2011 for the arrest of the respondent. Thereafter, a Red Corner Notice was issued by the Investigating Officer and based on the same, the German Authorities have detained the petitioner in Germany. Now, extradition proceedings have been initiated against the respondent to bring him back to India so as to impel him to face the trial. Further, it is stated that the respondent is also wanted for interrogation. It is also the case of the prosecution that if only he is interrogated and any useful information is collected from him, the idols could be recovered.

(d) While so, the respondent filed a petition before this Court seeking anticipatory bail vide Crl.O.P.No.8076 of 2012. When the said petition was taken up for hearing, during the course of argument, it was submitted by the learned Government Advocate (Criminal Side) that Red Corner Notice had been issued and in pursuance of the same, the respondent was placed under Custody in Germany.

(e) This Court, by order dated 04.04.2012, declined to grant anticipatory bail. However, this court gave liberty to the respondent to approach to the Jurisdictional Magistrate at Jeyankondam with a request to recall the Non-Bailable Warrant [NBW] in accordance with law. In paragraph 5 of the said order, this court has observed as follows:-

"5. Admittedly, the extradition proceedings are pending before the authorities in Germany. The authorities who have issued the red corner alert notice is/are not before this court. Therefore, this Court while exercising the power under Section 438 of Criminal Procedure Code cannot go into the validity of either the red corner alert notice issued by the authority concerned or on the proceedings before Germany. It is for the authorities in Germany to take into consideration the relevant materials while considering the question of extradition including the various contentions raised by the petitioner on the validity of the issuance of the red corner alert notice."

In paragraph 6 of the said order, this court has held as follows:-

"6.Admittedly, the jurisdictional court namely the learned Judicial Magistrate, Jeyankondam, has issued a non bailable warrant under Section 70 of the Criminal Procedure Code. A perusal of the Section 70(2) of th