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