ORDER

This is an application seeking pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.

2. Petitioners are the accused in Crime No.365/2022 of Quilandy Police Station, Kozhikode registered for offences under Sections 341, 323, 324, 308, 506, 294(b) r/w Section 34 of the Indian Penal Code, 1860.

3. The prosecution case is that on 21.05.2022, the defacto complainant and her father went to the matrimonial home to take her dress. However, the accused wrongfully restrained them and assaulted the defacto complainant. The accused also assaulted the father of the defacto complainant with a bottle causing loss of two teeth and thus committed the offences alleged.

4. Smt. Deepa Payyanur, the learned counsel for the petitioners submitted that the petitioners are totally innocent and the issue arises out of a matrimonial dispute. She further pointed out that as per the medical certificate, the loss of teeth was not a fresh injury, but it was an old one, which is now being portrayed as a fresh injury and therefore the petitioners ought to be granted the benefit of pre-arrest bail.

5. Sri.Noushad K.A., the learned Public Prosecutor opposed the grant of pre-arrest bail an