ABDUL RASHEED Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) PETITIONERS are accused, in Crime No. 556 of 2013 of the Nallalam Police Station for the offences punishable under Secs.341, 323, 324 and 326 r/w. Sec.34 of the Indian Penal Code, apprehend arrest and have filed this application.

(2.) LEARNED Public Prosecutor has opposed the application. It is submitted that on 12.11.2013 at about 8.30p.m, the petitioners attacked the de facto complainant with iron pipe and wooden stick and caused hurt/grievous hurt. Learned Public Prosecutor submits that the de facto complainant suffered fracture of the nasal bone and that the weapons are not so far recovered.

(3.) LEARNED counsel for the petitioners submits that the de facto complainant and others attacked the first petitioner on 12.11.2013 at 8.30p.m, having trespassed into his compound. The first petitioner was admitted in the hospital as revealed by Annexure -B. The police registered Crime No.555 of 2013 for the offences under Secs.448, 341 and 323 r/w Sec.34 of the Penal Code against the de facto complainant and others. The first petitioner was admitted in the hospital on the same day at 8.43p.m. It is submitted that according to the de facto complainant the incident occurred in front of house of the first petitioner, de facto complainant rushed to the house of the first petitioner to save himself and when he came out of the compound to the road at about 8.45p.m, he was attacked. According to the learned counsel, that version is unbelievable since Annexure -B would show that the first petitioner was admitted in the hospital on 12.11.2013 at 8.43 p.m.