Petitioner is accused in Crime No.89 of 2014 of the Kuruuppampadi Police station for the offences punishable under Secs.341, 323, 324, 308 and 506(i) of the Indian Penal Code, apprehends arrest and has filed the application notwithstanding that B.A. No.1343 of 2014 for the same relief was rejected by this Court as per order dated 26.02.2014. 2. I have heard the learned counsel for the petitioner and the learned Public Prosecutor. Learned counsel submitted that this Court referred to the nature of the injuries allegedly suffered by the defacto complainant but the wound certificate does not indicate that.
3. Learned Public Prosecutor submitted that the request was rejected having regard to all relevant circumstances including nature of injury .
4. I have gone through the order in B.A. No.1343 of 2014 and find that this Court referred to the serious nature of the injuries suffered by the defacto complainant on her eye, forehead etc. due to fisting and other form of assault, the defacto complainant having had to go the Police station on earlier occasions also complaining about attack on her and found that having regard to the seriousness of the offence, request for pre arrest bail cannot be allowed.
5. Learned counsel has given me a copy of the wound certificate where it is stated that the defacto complainant on being brought to the hospital had black eye ( left side) with contusion on the forehead, epistaxis etc. She was advised CT scan on the head and Opthalmology and ENT consultation. It is not as if the injuries suffered are so simple as now claimed. Even otherwise this Court, having regard to the nature of the incident, and the previous attacks made by the petitioner on the defacto complainant thought it fit that request for pre arrest bail cannot be allowed. I do not find any change of circumstances.
6. Learned counsel requested that the petitioner may be permitted to surrender before the investigating officer.
7. Let the petitioner surrender before the investigating officer on 28.06.2014 at 10.00 a.m. for interrogation and on other dates as the investigating officer may direct in case interrogation is not completed. In case the petitioner is arrested, he shall be produced before the jurisdictional magistrate as early as possible.
The application is disposed of as above.
Sd/-
THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge