The central legal point established in the judgment is the requirement for strong reasons, supported by material evidence, to cancel bail, especially when a person accused of a crime has been granted bail by a judicial order.

JUDGMENT :

(Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to set aside the order passed by the Learned Additional Chief Judicial Magistrate, Kumbakonam in Crl.M.P.No.916 of 2019 in Idol Wing CID Crime No.5/2018 and pass such further order.)

1. The petitioner is serving as Additional Commissioner in Hindu Religious and Charitable Endowments Department. On 23.07.2018, the Idol wing, CBCID received a written complaint from Rangarajan @ Narasimhan alleging that by way of dishonest means and criminal breach of trust, idol at Shri Kapaleeswarar Temple, Mylapore, Chennai, stolen. The petitioner herein was the Deputy Commissioner/Executive Officer of the said temple at the relevant point of missing/theft of idol.

2. The complainant Rangarajan Narasimhan claiming himself as an active researcher of Temples in Tamil Nadu alleges that in August 2017, he came to know the idol of Lord “Parvathi” in the form of peacock at Shri Kapaleeswarar Temple, Mylapore, has been stolen by replacing the original one with the duplicate one, on the day before Fk;ghgpNfk; that was performed in the year 2004. He also alleged that the records are been erased by insiders of the Temple. The “Parvathi” idol is more than 1400 years old and a rarest of rare antique found nowhere else in the State of Tamil Nadu. The petitioner along with one Venu Srinivasan, Chairman of Renovation Committee and Mr.Muthiah, Chief Sthapathi, are the persons directly involved in the theft by way of dishonest misappropriation after committing criminal breach of trust. Hence, he sought for registration of F.I.R without preliminary enquiry in view of grave magnitude of the crime alleged. This complaint dated 23.07.2018 been registered immediately in Crime No.5 of 2018 against Venu Srinivasan, N.Thirumagal, Muthaih and Temple officials for offence under Section 403, 406, 409, 202 and 120B of I.P.C

3. Apprehending arrest, this petitioner has filed anticipatory bail before this Court in Crl.O.P.No.19649 of 2018. This Court dismissed the petition on 28.11.2018. Against the order of dismissal, the petitioner moved the Hon’ble Supreme Court in S.L.P.(Crl).No.10646 of 2018. The Hon’ble Supreme Court, on 13.12.2018, ordered notice to the respondents and in the meanwhile, in the event of petitioners arrest, she may be released on bail on such terms and conditions as may be imposed by the Trial Court. The Supreme Court also directed Inspector General of Police was directed to file status report of the investigation.

4. The petitioner was arrested three days thereafter and produced before the Additional Chief Judicial Magistrate, Kumbakonam, designated Court for Idol theft cases. The Additional Chief Judicial Magistrate, Kumbakonam enlarged the petitioner on bail in Crl.M.P.No.1303 of 2018 on 17.12.2018 with a condition to report before Idol Wing Officials, Trichirappalli daily at 10.00 a.m until further orders. The said condition was later modified to the effect that the petitioner to report before Idol Wing, Chennai, at 9.00 a.m daily until further order. In Crl.M.P.No.1364 of 2018 the petitioner for further relaxation of bail condition. Her petition for further relaxation was declined by Additional Chief Judicial Magistrate, Kumbakonam. On 22.01.2019, her appeal before the District and Sessions Judge, Thanjavur also dismissed on 31.01.2019. The petitioner moved the High Court for relaxation of the bail condition in Crl.O.P.No.9617 of 2019. This application was considered in favour of the petitioner. The bail condition was modified to the effect that she has to report before the Additional Chief Judicial Magistrate, Kumbakonam once in 15 days. This condition was further relaxed totally on 29.08.2019 in Crl.M.P.No.11114 of 2019 in Crl.O.P.No.9617 of 2019.

5. While fact being so, the Investigating Officer in Crime No.5 of 2018 moved the Additional Chief Judicial Magistrate, Kumbakonam, for cancellation of bail granted to the petitioner. The said petition in Crl.M.P.No.916 of 2