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2022 Supreme(Online)(KER) 26533
HIGH COURT OF KERALA
GOPINATH P, J
SAMSY SEBASTIAN – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl./66/2022
AJEESH K.SASI , SREELAKSHMI SABU, PUBLIC PROSECUTOR, ADDL.DIRECTOR GENERAL OF PROSECUTION
The court establishes the procedure under CrPC Sections 328 and 330 must be followed for accused with mental health issues during bail consideration.
Headnote:
Bail - IPC Section 302 - CrPC Sections 328, 330 - The court addresses the bail application concerning Section 302 IPC, emphasizing the necessity of considering the mental health of the accused as per the procedures outlined in CrPC Sections 328 and 330.
Fact of the Case:
The bail application was filed by the accused in a case involving the alleged murder of a 2-month-old baby girl, where it was claimed that the petitioner jumped into a well with the child with the intent to cause death. The accused reported suffering from psychiatric issues.
Finding of the Court:
The court acknowledged the petitioner’s psychiatric condition, stating that Sections 328 and 330 of the CrPC require adherence to special procedures for those deemed of unsound mind. The court decided it appropriate to refer the matter to the jurisdictional Magistrate for further proceedings.
Issues: Whether the court should grant bail considering the petitioner’s mental health status and the implications of Sections 328 and 330 of the CrPC.
Ratio Decidendi: The court emphasized that if the jurisdictional Magistrate finds the accused to be of unsound mind as per Sections 328 and 330 of the CrPC, bail may be granted subject to those provisions.
Final Decision: Bail application disposed with directions for the petitioner to appear before the jurisdictional Magistrate.
O R D E R
The bail application is filed by the accused in Crime No.1180/2022 of Pathanapuram Police Station, Kollam District alleging commission of offence punishable under Section 302 of the Indian Penal Code .
2. The allegation against the petitioner is that with the intention of causing death of the 2 month year old baby girl, the petitioner along with the aforesaid 2 month old child jumped into the well situated in the parental house of the petitioner at a place called Pattazhi, following which the child died.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. The counsel for the petitioner submits that the petitioner is suffering from certain psychiatric problems and refers to Annexures A3 to A5 in this regard. It is submitted that she is undergoing psychiatric treatment. The learned Public Prosecutor does not dispute the fact that the petitioner is undergoing psychiatric treatment. Chapter XXV of the Code of Criminal Procedure makes provision regarding accused persons of unsound mind and requires the Magistrate to follow the procedure under Sections 328 and 330 of Cr.P.C in respect of a case under investigation.
4. Having regard to the facts and circumstances of the case and considering the materials placed on record by the learned counsel for the petitioner, I am of the view that this is a case where Sections 328 and 330 are to be followed by the jurisdictional Magistrate. I therefore deem it appropriate to dispose of this bail application with the following directions:-
(i) The petitioner shall mark appearance before the jurisdictional Magistrate within 10 days from today;
(ii) On the appearance of the petitioner the Magistrate shall proceed with the matter having due regard the provisions of Sections 328 and 330 of the Cr.P.C.
It is made clear that if the learned Magistrate is satisfied that the provisions of Sections 328 and 330 apply in the case having due regard to the documents that may be produced, the petitioner shall be released on bail taking into account of provisions of Section 330 and subject to the conditions provided for therein.
Bail application will stand disposed of with the aforesaid directions.
