CRL RC No. 1612 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-09-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL RC No. 1612 of 2025 AND CRL MP NO. 16545 OF 2025 DHANALAKSHMI D/o.Subbaraman, Executive Officer of Arulmigu Raja Swamy Thirukovil, Thenmugham, Vellode Village, Perunthurai Taluk, Erode District. Petitioner(s) Vs State By, Inspector of Police, Idol Wing CID, Chennai. Crime No.03/2018 Respondent(s) PRAYER To call for the records in Crl.MP.No.11350/2025, vide order dated 28.08.2025, from the file of the CMM at Egmore, Chennai in Crime No.3 of 2018, pending on the file of the respondent police and set aside the same and order to return of 10 Idols to the petitioners custody namely 1.Raja Swamy (right hand weapon and knife broken), 2.Masiri Ayyan (right hand and knife broken), 3.Thoratti https://www.mhc.tn.gov.in/judis CRL RC No. 1612 of 2025 Amman (Duwara Gandiamman) which the temple had earlier in its custody and 4.Nalla Mangai Amman idol-1, 5.Nagar idols-5, and 6.Uchchanan idol (totally 10 idols), which were found during the cleaning of the well on 11.02.2025, into the petitioners custody to install the said Idols in the said Rajaswamy Temple and pass such order or other order as this Honble Court. CRL RC No. 1612 of 2025 For Petitioner(s): S.M.Nandhie Devhan For Respondent: Dr. C.E. Pratap, Government Advocate(Crl. Side) ORDER This petition has been filed to call for the records in Crl.MP.No.11350/2025, vide order dated 28.08.2025, from the file of the CMM at Egmore, Chennai in Crime No.3 of 2018, pending on the file of the respondent police and set aside the same and order to return of 10 Idols to the petitioners custody namely 1.Raja Swamy (right hand weapon and knife broken), 2.Masiri Ayyan (right hand and knife broken), 3.Thoratti Amman (Duwara Gandiamman) which the temple had earlier in its custody and 4.Nalla Mangai Amman idol-1, 5.Nagar idols-5, and 6.Uchchanan idol (totally 10 idols), which were found during the cleaning of the well on 11.02.2025, into the https://www.mhc.tn.gov.in/judis CRL RC No. 1612 of 2025 petitioners custody to install the said Idols in the said Rajaswamy Temple. 2. The case of the prosecution is that complainant filed the complaint before the respondent police stating 14 number of antique Idols were stolen in the Arulmigu Raja Swamy Thirukovil, Thenmugham, Vellode Village, Perundurai Taluk, Erode District,( for the sake of convenience hereinafter referred to as ''temple'') and FIR was registered on 20.05.2018. Subsequently, 12 idols were recovered and produced before the Additional Judicial Magistrate, Kumbakonam and handed over to the Executive officer of the Said Temple. Thereafter, one Palaniswamy and two others filed the Writ Petition No. 21474 of 2019 before this Court to direct the authorities to grant permission for the installation of the said recovered idols lying in a room in the said Temple, in the said petition the Division Bench of this Court directed to install the said idols and make it open for devotees to offer poojas along with other directions. Subsequently, Executive officer of the said Temple renovated the said temple and fixed the date for Kumbhbhishegam on 04.09.2025. While so, one of the donor while cleaning the Well found 10 stone idols inside the Well on 11.02.2025. On 06.08.2025, the investigation officer seized the said idols and https://www.mhc.tn.gov.in/judis CRL RC No. 1612 of 2025 produced before the trial Court vide C.P No. 1884 of 2025. Thereafter, the appellant herein filed Crl. MP No. 11350 of 2025 before the trial Court to return of the said 10 idols to perform kumbhabhishegam but the same was dismissed. Challenging the same, the appellant filed this petition. 3. The learned counsel for the appellant submits that, in fact, those idols are belongs to the said temple. Now only it was recovered, the said idols are necessary for conducting the kumbhabhishegam, if not given, the very purpose of conducting kumbhabhishegam would be defeated. That apart, another 14 idols belongs to the same temple was mysteriously removed and later it was found inside the temple, after lodging FIR 12 idols were recovered and the same was permitted to keep inside the temple during kumbhabhishegam as per the order this Court dated 27.06.2022 in W.P No. 21474 of 2019. Thereafter, only in the month of February 2025 another 10 idols were found inside the temple's Well which are also necessary during the kumbhabhishegam but it was seized by the respondent police. Therefore, the petitioner filed this petition sought for custody of the said 10 idols. https://www.mhc.tn.gov.in/judis CRL RC No. 1612 of 2025 4. The learned Government Advocate (Crl. Side) submits that they are ready to hand over the idols but his apprehension is that those idols antiquity has to be found out hence the idols should not be tampered. 5. Heard, the submission of the learned counsel for the appellant and the learned Government Advocate(crl. Side). 6. Admittedly, all those idols were stone made even the archaeological officials could made inspection at any point of time, for that, the appellant has no objection. Installing the said 10 idols inside the said temple is just and necessary and also considering the worshippers of the deity. Besides, the temple is more than 800 years old and to respect the feelings of the worshippers those 10 idols are necessary during the kumbhabhishegam. Therefore, the respondent is directed to return the said 10 Idols in connection with crime No. 3 of 2018 to the temple authorities. Further, the archaeological officials are permitted to inspect the said idols as and when required by giving prior information to the temple authorities. Accordingly, the said 10 idols be installed during the https://www.mhc.tn.gov.in/judis CRL RC No. 1612 of 2025 kumbhabhishegam and keep install inside the temple premises under the custody of Executive Officer. 7. Accordingly, this Criminal Revision Petition is disposed of. Pending petition(s), if any, is /are closed. 01-09-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No CRL RC No. 1612 of 2025 To 1.State By, Inspector of Police, Idol Wing CID, Chennai. Crime No.03/2018. 2. The Section officer, V.R Section, High Court, Madras. 3. The Chief Metropolitan Magistrate, Egmore, Chennai. Note: Issue order copy today. https://www.mhc.tn.gov.in/judis CRL RC No. 1612 of 2025 T.V.THAMILSELVI J. pbl CRL RC No. 1612 of 2025 CRL MP NO. 16545 OF 2025 01-09-2025 https://www.mhc.tn.gov.in/judis