Srinivasan @ Power Star v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/07/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.9211 of 2019 Srinivasan @ Power Star Srinivasan, ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police,, Manaparai Police Station, Trichy District.

(Crime No.226 of 2019).

... Respondent/Complainant For Petitioner : M/s.A.P.Balasubramani, Advocate.

For Respondent : Mrs.M.Anantha Devi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.226 of 2019 on the file of the respondent Police.

ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b) and 506(i) of IPC in Crime No.226 of 2019, seeks anticipatory bail.

2. Heard both sides.

3.The learned counsel appearing for the petitioner has submitted that due to wordy quarrel, a false case been foisted against the petitioner. He further submitted that the petitioner is an innocent and he has been falsely implicated in the above case. Hence, he prayed for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl. Side) appearing for the state has submitted that the allegations against the petitioner is

that over phone, he criminally intimidated the defacto complainant by using filthy language. Hence, she strongly opposed this petition.

5.It appears that dispute is with regard to payment of advocate fees. Further, the petitioner is being an actor, if he is released on bail he may not abscond. Taking into Consideration the aforesaid facts, this Court is inclined to grant anticipatory bail to the petitioner by imposing conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Manaparai, Trichy District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (i) If the petitioner fails to surrender before the concerned Magistrate within a period of 15 days, this order shall stand automatically cancelled.

(ii) the petitioner should reside at chennai and he should appear before the respondent police daily at 10.30 a.m., for three days and thereafter as and when required for interrogation. (iii) the petitioner shall not tamper with evidence or witness either during investigation or trial.

(iv) the petitioner shall not abscond either during investigation or trial.

(v) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. (vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 02/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MANAPARAI, TRICHY DISTRICT.

2 DO THRO'THE CHIEF JUDICAIL MAGISTRATE, TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE, MANAPARAI POLICE STATION, TRICHY DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to MR.R.ALAGUMANI, Advocate ( SR-10920[I] dated 03/07/2019 )

ORDER

IN CRL OP(MD) No.9211 of 2019 Date :02/07/2019 vsg AE/VR/SAR-II (10.07.2019) 3P 6C