Strongly condemning nine accused in a 24-year-old idol theft case for playing truant with the court during the hearing of an appeal by police, Madras High Court bench here today ordered the Chief Judicial Magistrate of Kumbakonam to issue non-bailable warrant for effecting their arrest.
Justice P N Prakash in his order said, the appeal filed by the CB-CID against the order of the Kumbakonam CJM acquitting all the nine persons in the idol theft case, was pending since 2008 after it was posted for final hearing.
The idols, which were stolen in 1990, were stated to be worth Rs 2 crore then.
The case has come up for hearing before five judges. After the Assistant Public Prosecutor and the counsel for accused said the final hearing could be taken up on April 4 last, arguments continued till April 15 and then the case was adjourned to April 17.
At this stage, the counsel for the accused today withdrew the memo of appearance, prompting the court to issue the order.
"It is surprising that in this court, after having spent so much time on this appeal, a senior member of the bar is seeking withdrawal of memo of appearance," the judge observed.
The Public Prosecutor, pressing for arrest of the accused, said they were playing hide and seek with the court for reasons best known to them.
Prosecution had initially charged ten persons with entering into a conspiracy and stealing ancient idols of Anakkudi Viswanathaswamy temple in 1990. One of the accused, Rajasekar was pardoned by the CJM after he turned approver.
Later, all the nine were acquitted, which the CB-CID (Idol theft prevention wing) contended as untenable and filed the present appeal.
"Taking into consideration the gravity of the offence and together with the fact that the respondents were playing truant with the court, the CJM is directed to issue Non Bailable Warrant to the accused. The CJM should commit them to the prison and report to this court," the Judge said.
