Mhc Advt Maharaja Advt: My role in arresting absconding International fame Temple Idol thief Subash Kapoor. He is known for stealing Antique Idols from Temples in the country
Subash Kapoor. He is known for stealing Antique Idols from Temples in the country. TN
Police registered FIR against him and Charge-Sheet was filed and summons issued to him. Non-compliance of summons lead to issuance of NON-BAILABLE Warrant along with a Look-Out Notice by the Judicial Magistrate Jayamkondan Court @ Trichy and
was circulated to all the countries across the Globe and Subash Kapoor was arrested by German Police and was lodged in Luxemburg Prison.
Supressing his arrest an ANTICIPATORY BAIL Petition was filed by him before the Madras High Court. Two eminent Senior Advocates from the Supreme Court as well as from Bombay along with a dozen of Advocates represented Subash Kapoor in the Anticipatory Bail Petition. The case was represented by another APP who was handling the AB portfolio and during the course of elaborate arguments the Investigation Officer who was present in the Court had handed over the CASE DIARY to the Court and on perusing the same the Hon’ble Judge came to know about the NBW as well as the Look-Out Notice issued by the JM – Jayamkondan Court. The Judge raised the issue of Maintainability of AB under Section 438 was discussed and rejected the counsel to file necessary application before the Jayamkondan Court.
Petition was filed under Section 70(2) to recall the NBW and again the arrest and detention Subash Kapoor was concealed before JM Court Jayamkondan. The lJM recallef NBW.
Inspector General of Police Pon Manickavel personal me and expressed his anguish over the way the case was handled by the Law Officers He also felt that the case has to be properly represented before the Hon’ble Court.
Therefore requested me to personally prepare a Criminal Original Petition as against the order of recalling the NBW and made a mention before Justice Nagamuthu (who was handling the portfolio then) on 26th of April. The court was scheduled to close for Summer Vacation on 29th of April. After I had mentioned his Lordship had Judge permitted me to bring the case on the very next day. Therefore the Crl original Petition along with the stay petition was numbered and listed n 27th of April.
To my utter shock and surprise when the case was called for admission, the stay application (affidavit and petition) was lost or in other words it was missing from the bundle. To my shock and surprise the mystery behind the papers missing is not known to me till date.
I had requested the case to be adjourned the very next day and the same was granted. While the matter stood thus, on the very next day when the case was listed i.e. on 28th of April three Senior Advocates were present to argue and defend the case on behalf of Subash Kapoor. After the admission list was over for the day, his Lordship Hon’ble Mr. Justice Nagamuthu adjourned all the final hearing case and took up this matter for the whole day. It is pertinent to note that the Senior Advocates who appeared for Subash Kapoor advanced their arguments on the issue of MAINTAINABILITY of the Petition itself. They had vehemently stated that Criminal Revision Petition only has to be filed and questioned the maintainability of an Crl Original Petition. The very same question was posted to me by his Lordship and to which I submitted that the same will be argued first. I had advanced a lengthy arguments on the maintainability of the Petition and at the end his Lordship was convinced and satisfied.
After a serious of strenuous arguments by both the sides, his Lordship passed the Order in the Crl Original Petition on the very same day and stay was granted and the Petition was allowed by setting the recall of NBW order as against the order of recall.
Thereafter Subash Kapoor was handed over to the Indian Government by the German Government and is lodged in prison. I saw to it stealers of Temple Idol has no mercy to be free and he is till in prison and due to the extensive investigation and interrogation conducted many of the missing Antique Idols were restored to our country and this latter paved way for the famous IDOL THEFT cases and constitution of a Division Bench to deal with the Idol Theft cases.
I would definitely consider it as my privilege to have represented the case and having argued against the main perpetrator in the Idol Theft case. If not for the pressure given by IG Pon Manickavel I wouldn’t have taken this case up. It is because of the strenuous effort by the IG and me as well as the impeccable order passed by Justice Nagamuthu, Subash Kapoor is still in prison.
I would consider this case as a milestone in my career.
[4/30, 11:21] Sekarreporter: 🌹🌹
![Gokulraj murder case full order Before we draw the curtains, we wish to place our appreciation to all the counsels who appeared on either side and enlightened us on the facts and law. Right through the proceedings, we ensured that we were not swayed by any opinions expressed by the media and we were conscious that moral conviction regarding the guilt of the accused persons had no place in criminal jurisprudence and we made all attempts to get into the truth only based on the evidence that was placed before us. [M.S.R.,J..] [N.A.V., J.] . 02.06.2023](http://sekarreporter.com/wp-content/themes/hueman/assets/front/img/thumb-medium-empty.png)