SALEESH N. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application under Section 438 Cr.P.C. filed by the petitioner/accused in Crime no.686/2021 of Chombala Police Station, Vatakara, Kozhikode District alleging the commission of the offences punishable under Sections 341, 324 and 308 IPC.

(2.) The prosecution case is that on 22.09.2021 at 9 p.m., the petitioner/accused with intention of voluntarily causing hurt to the informant, wrongfully restrained him and voluntarily caused injuries to him by stabbing him with a knife. It is also alleged that the assault by the petitioner/accused would have caused the death of the informant had the eye witnesses not intervened. Hence, the accused is alleged to have committed the offences punishable under the above mentioned Sections.

(3.) The application is opposed by the learned Public Prosecutor on the ground that grievous injuries have been sustained by the informant in this case and that the investigation is still in progress and that there is every possibility of the petitioner/accused interfering and tampering with the evidence, if he is released on bail.