JUDGMENT :

(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to postpone the trial in connection with S.C.No.123 of 2008 on the file of the III Additional District and Sessions Court, Salem, till the accused is capable of entering the defence or mentally sound to face the trial as contemplated under Section 84 IPC and Sections 328 and 329 Cr.P.C.)

1. This case was taken up through video conferencing.

2. On 12.05.2006, Kaliyappan, who was presumably suffering from some mental illness, was taken by his father Muniyappan, to a native doctor, Varadha Naickar in Mulluchettipatti Forest, Omalur Taluk, Salem, for the purpose of treatment. While he was being examined by the said doctor, Kaliyappan ran away hollering that he does not need any treatment. Muniyappan ran behind his son, accompanied by others, exclaiming Catch him”. Responding to this call, one Kondaiyan, who was grazing his cattle nearby with a billhook in hand, tried to apprehend Kaliyappan. Infuriated at that, Kaliyappan is said to have snatched the billhook from Kondaiyan and attacked him indiscriminately, which eventually proved fatal.

3. On these allegations, a case in Crime No.126 of 2006 was registered for the offence under Section 302 IPC against Kaliyappan. According to the police, they arrested him on 13.05.2006 and sent him to judicial custody. While Kaliyappan was in custody, the District Munsif-cum-Judicial Magistrate, Omalur, passed an order dated 07.07.2006 (D.No.1469 of 2006), directing that Kaliyappan should be examined by specialists in the Institute of Mental Health (IMH), Kilpauk, Chennai - 10. Accordingly, Kaliyappan was admitted as an in-patient in the IMH, Kilpauk, on 25.08.2006 and was given treatment for his mental illness.

4. Since the police did not file final report within 90 days, the counsel for Kaliyappan filed a petition for statutory bail under Section 167(2) Cr.P.C., in which, the District Munsif-cum-Judicial Magistrate, Omalur, passed the following order on 30.08.2006:

“Order pronounced.

This petitioner filed the bail application under Section 167(2) Cr.P.C. on the ground that the accused is in judicial custody for more than the statutory period. Charge sheet not yet filed. It is an offence under Section 302 IPC. The accused is in judicial custody from 13.05.2006. Since the accused is under judicial custody for more than 90 days and filed bail application under mandatory provision under Section 167(2) Cr.P.C., bail is granted. The accused is of unsound mind. Hence, the accused will be released on bail on executing a bond by the parent/guardian who undertook to give medical treatment to the accused for a sum of Rs.5,000/- along with two sureties for a like sum, the accused will be enlarged on bail. Since the accused is of unsound mind and is on medical care, no condition is imposed. The parent/guardian has to look after the accused carefully and give proper medical treatment and should produce the accused whenever required by the Court.

5. At this juncture, it may be relevant to extract the observation report dated 08.02.2007 that was submitted by the IMH, Kilpauk, to the District Munsif-cum-Judicial Magistrate, Omalur, as that would clearly throw light on the mental condition of Kaliyappan while he was in judicial custody.

Mr. Kaliappan, S/o Muniappan sent with reception order cited above, was admitted in Ward No.1 and was observed from 25.08.2006.

During observation, the patient has the following symptoms:

1. Decreased psychomotor activity

2. Appeared pre-occupied

3. Avoids eye to eye contact; did not have any emotional expression

4. Apathetic mood

5. Neglected self care

Based upon the above, we are of the opinion that Mr. Kaliappan is suffering from a major mental disorder schizophrenia.

He was treated till 06.10.2006. On 06.10.2006, Mrs. Perathayee and Mr. Irulappan who have executed the bail bond for the patient Kaliyappan, patient’s father Muniappan and one more relative has reported. As they were desirous of continuing treatment a