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2025 Supreme(Online)(Ker) 53541

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SELVARAJAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.K.MOHANAN, SRI.ASHWIN SATHYANATH, SHRI.ANISH ANTONY ANATHAZHATH, SHRI.THAREEQ ANVER
For the Respondents: PUBLIC PROSECUTOR

O R D E R

The petitioner is the 1st accused in S.T.No.99 of 2021 on the file of the Court of the Judicial Magistrate of First Class-III, Palakkad ('Trial Court', in short), which has arisen from Crime No.792 of 2018 registered by the Palakkad Town South Police Station under Section 24 of the Maintenance and Welfare of Parents and Senior Citizens Act , 2007 ('Act', in short).

2. The crux of the prosecution allegation is that, the petitioner and the accused Nos.2 to 4 are the sons of the defacto complainant. Even though the accused were bound to care and protect the defacto complainant, they, with an intention to wholly abandon the senior citizen, have abandoned him. Thus, the accused have committed the above offence.

2. I have heard the learned counsel for the petitioner and the learned Public Prosecutor.

3. The learned counsel for the petitioner submits that the petitioner has been diligently maintaining his father by sending money orders to him as evidenced by Annexures A4 to A7 receipts. Actually, the defacto complainant had filed a complaint against his sons, the petitioner and the accused Nos.2 to 4. However, the Investigating Officer has filed the final report only in respect o

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