Palai Pattabiraman @ Pattabiraman v. The State Repby
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Twenty Fifth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.19435 of 2021 PALAI PATTABIRAMAN @ PATTABIRAMAN [ PETITIONER / ACCUSED ] Vs THE STATE REPBY [ RESPONDENT ] THE INSPECTOR OF POLICE, EDAIYUR POLICE STATION, THIRUVAUR DISTRICT.
CR NO.360/2021 For Petitioner : M/S.P.MUTHAMIZH SELVAKUMAR Advocate For Respondent : MR. A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence under Section 294(b), 352, 506(i) of Indian Penal Code, 1860 R/W Section 24 of Maintenance and Welfare of Parents & Senior Citizen Act, 2007 in Cr.No.360 of 2021 on the file of the respondent police seeks anticipatory bail.
2.The case of the prosecution is that the defacto complainant is the father of the petitioner and the petitioner had failed to maintain his father. Thereby, the defacto complainant made a complaint before the Revenue Divisional Officer with respect to getting maintenance from the petitioner. Further, RDO issued summons to the petitioner and immediately, thereafter the petitioner attacked the defacto complainant. Hence, the defacto complainant lodged a complaint before the law enforcing agency against the petitioner. 3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that he is the only person who takes care of his father and mother and further submits that he is the president of Valarum Tamilagam Political Party. Hence, he prays for grant of anticipatory bail.
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4.The learned Government Advocate (Crl.Side) submitted that the petitioner is a history sheeter and further submits that the earlier anticipatory bail petition filed by the petitioner was dismissed by this Court on merits however, without disclosing the earlier dismissal order i.e Crl.O.P.No.16645 dated 20.09.2021, the petitioner had filed this second anticipatory bail petition. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner. 5.Taking into account the fact that the petitioner without disclosing the earlier dismissal order has filed this anticipatory bail petition and there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this criminal original petition is dismissed. -sd/- 25/10/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE INSPECTOR OF POLICE, EDAIYUR POLICE STATION, THIRUVAUR DISTRICT.
2 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.
CC to M/S.P.MUTHAMIZH SELVAKUMAR Advocate on payment of necessary charges CRL OP.19435/2021 Date :25/10/2021 INBA-17/11/2021 https://hcservices.ecourts.gov.in/hcservices/