A case occurred when a person quarelled with his friend, assaulted him and caused grievous injury by biting off a portion of his ear. According to the Nemmara police, it is an offence under Section 326 of IPC causing grievous hurt by a deadly weapon. The lower court rejected the bail petition of the accused Farook as the offence is not bailable.
The accused moved the High court. His argument was that human teeth is not a deadly weapon and the offence, as termed by the police, won’t stand. He brought to the attention of the high court that the teeth cannot be termed as a deadly weapon in terms of Section 326 of IPC. So it is to be treated as a bailable offence.
The Supreme court had expressed the view that any instrument used as a weapon of offence that is likely to cause death has to depend upon facts of each case and no generalisation can be made.
The SC mentioned a case in which the weapon used by the accused was a small stone. The Court had expressed the view that the small stone cannot be considered as a deadly or dangerous weapon that can cause death. In such cases, Section 326 of IPC cannot be imposed.
Justice Ashok Menon of the Kerala HC said the case examined that the grievous hurt was caused by biting with teeth and that the human teeth cannot be termed as a dangerous weapon to cause death. The judge said that in such a circumstance it is an offence that is bailable.
The court granted him bail with conditions.