ORDER :

Application for regular bail under Section 439 Cr.PC.

The applicant is the sole accused in Crime No.35/2021 of Nenmara Police Station, Palakkad District for having allegedly committed offences punishable under Sections 341, 324 and 326 of I.P.C.

2. The prosecution case, in brief, is that on 21.01.2021 at 17.00 hours at Adipperandathara, the applicant due to previous enmity towards the defacto complainant, wrongfully restrained him and assaulted him by hitting with hands and also caused grievous injury by biting off a portion of his left ear. Thus committed the offence and registered the crime.

3. The applicant states that teeth is not a deadly weapon and therefore, the offence under Section 326 IPC is not attracted. He relies on the decision of the in Shakkel Ahammedv State of Delhi (2004 (10) SCC 103) in support of his submissions. The applicant was arrested on 4.2.2021 and his regular bail application filed before the jurisdictional court was dismissed. Hence, he has approached this Court seeking indulgence.

4. Heard the learned counsel for the applicant and the learned Public Prosecutor.

5. The applicant has allegedly bitten off a portion of the left ear of the de facto compla