N. THIRUMAGAL Vs. S. THENNARASAN

JUDGEMENT

(1.) The petitioner is serving as Additional Commissioner in Hindu Religious and Charitable Endowments Department. On 23/7/2018, 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;ghgpN\fk; 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 dtd. 23/7/2018 been registered immediately in Crime No.5 of 2018 against Venu Srinivasan, N.Thirumagal, Muthaih and Temple officials for offence under Sec. 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.