Knowledge of the victim's disability in assault cases raises the severity of the offense and affects bail eligibility.

O R D E R

Dated this the 8th day of February 2021 ...

This Bail Application filed under Section 438 of the Code of Criminal Procedure was heard through Video Conference.

2. The applicant is the sole accused in Crime No.1216 of 2020 of Balussery Police Station, Kozhikode District for having allegedly committed the offences punishable under Sections 341,323,326 and 506 of the Indian penal Code and under Section 92 of the Rights of persons with disabilities Act, 2016.

3. The prosecution case in brief is that on

22.12.2020 at about 6.15 p.m., while the defacto complainant was standing in front of the bus stop, the applicant came there on a motorcycle and thereafter he wrongfully restrained the defacto complainant and attacked him with dangerous weapons like iron rod causing a B.A. No.912 of 2021 3 fracture on his left ring finger.

4. Heard the learned counsel for the applicant and the learned public prosecutor.

5. The learned counsel for the applicant submits that the allegations are not true and that the defacto complainant is a vehicle broker and there was only a wordy altercation between the applicant and the defacto complainant in respect of payment of some brokerage in connection with the sale of a vehicle. The defacto complainant attacked the applicant using his walking stick and he himself sustained some injuries because of that attempt and an offence under Section 92 of the Rights of persons with disabilities Act is not attracted because the applicant did not assault the defacto complainant knowing that he is a persons with any disability and the fracture was also caused because of the act of the defacto complainant's act and not due to the act of the applicant.

6. The learned Public Prosecutor submits that B.A. No.912 of 2021 4 the applicant is a person having criminal antecedents. Two other crimes are also registered against him. The weapon allegedly used by the applicant is yet to be recovered and therefore, the applicant is not entitled pre-arrest bail.

7. After hearing both sides, I find that the defacto complainant sustained a grievous hurt and he is also a person with a disability in walking and uses a walking stick to walk. Knowing that fact, the applicant had deliberately attacked him with a dangerous weapon like iron rod which is yet to be recovered. Considering the facts and circumstances of this case, I am of the opinion that the applicant is not entitled to pre-arrest bail. Hence, the applicant is directed to surrender before the investigating officer within two weeks from today and after interrogation, if he is arrested, he shall be produced before the jurisdictional magistrate on the same day itself and if an application for bail is preferred by the applicant, the jurisdictional magistrate B.A. No.912 of 2021 5 shall dispose of the same on merit preferably on the same day itself.