This application is filed under Section 438 of the Cr.P.C.

2.

The applicant, a sexagenarian, has been arrayed as the

accused in Crime No.233 of 2018 registered at the Cherpu Police

Station under Sections 294(b), 324 and 326 of the IPC.

3.

The de facto complainant is a head-load worker and the

applicant herein is a member of the Padasekharam committee at

Jubilee Thevar Padavu. On 09.04.2018, at about 9.45 a.m., the

applicant is alleged to have assaulted a certain Subilash, who is a

head-load worker with a stick. On seeing the said incident, the de

facto complainant intervened. It is alleged that the applicant

turned his ire to the de facto complainant and attacked him

causing a fracture.

4. The learned counsel appearing for the applicant

submitted that the allegations are not true. According to the

learned counsel, the aforesaid Subilash and some other head-load

workers had attacked the applicant when the applicant pointed out

that the head-load workers were loading the paddy in a different

lorry. The de facto complainant intervened to prevent the young

head-load workers from assaulting the applicant. It was in the said

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circumstance that injuries were sustained