1. The applicant is the accused in Crime No.1104 of 2020 of Kunnathunad Police Station, Ernakulam, for having allegedly committed offences
punishable under Sections 294(b), 341, 326 and 308 of the IPC. The prosecution case, in brief, is this:
2. On 25.10.2020, at about 6.00PM, the defacto complainant was allegedly restrained by the accused in front of his house and thereafter he hurled
abuses at him and attacked him by means of a dangerous weapon like a sickle and caused grievous hurt which could even have proved fatal. And,
thus committed the offence. The injury that was sustained by the defacto complainant is a cut injury on the lip exposing the bone. The left palm of the
defacto complainant was almost severed and the vein was cut and he bled profusely. That injury could have proved fatal also. The applicant states
that the allegations are not true. The defacto complainant is a notorious criminal and because of his involvement in several criminal affairs, he must
have got injured in some other way and the applicant is not responsible for that. It is also stated that the applicant and the defacto complainant are
relatives and neighbours residing nearby.
3. Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor submits that considering
the injuries sustained to the defacto complainant and the fact that the weapon has yet to be recovered, the applicant is not entitled to anticipatory bail.
4. On hearing the submissions made on either side, I find that the applicant has inflicted very grave injuries on the defacto complainant. Even though it
is stated by the applicant that he too had sustained some injuries for which he has produced a medical record, those injuries are not very grave. And,
moreover, the weapon will have to be recovered.
The application is therefore dismissed with a direction to the applicant to surrender before the Investigating Officer within two weeks. In the event of
his being arrested, after interrogation and recovery, he shall be produced before the jurisdictional court at the earliest, where he is at liberty to apply
for a regular bail which shall be preferably considered and disposed of on the very same date.
