ORDER

This an application for anticipatory bail.

2. Petitioner is the accused in Crime No.2177/2021 of Vaikom police station, alleging commission of offences under Sections 324 and 326 of the Indian Penal Code .

3. The allegation against the petitioner is that, he assaulted the de facto complainant caused a fracture on the left thigh bone of the de facto complainant. It is alleged that the petitioner had attacked the de facto complainant with a handle of a spade.

4. Learned counsel appearing for the petitioner would submit that the de facto complainant and his nephew had, owing to a boundary dispute with the brother of the petitioner, trespassed into the property of the brother of the petitioner and had threatened the petitioner’s brother and his sister-in- law, on 19.09.2021. It is submitted that the sister-in-law of the petitioner had filed Annexure-A3 complaint before the Sub Inspector of Police, Vaikom regarding the incident. It is submitted that when the de facto complainant and his nephew had trespassed into the property of the petitioner’s brother, the petitioner who is residing next door had gone there to enquire about the incident and on seeing the petitioner, the de facto