The court directed the completion of a mental health inquiry under Section 328 of Cr.P.C within a month before considering bail, acknowledging the applicant's prolonged custody.

O R D E R

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking regular bail.

2. The applicant is the sole accused in Crime No.386/2015 of Mukkom Police Station, Kozhikode District. The offences alleged are punishable under Sections 302 and 323 of the Indian Penal Code .

3. The prosecution case, in short, is that the applicant committed murder of his mother-in-law, Sarasu, on 09.08.2015 at about 6.30 p.m., by inflicting repeated stab injuries on her chest. The incident occurred in a shed where the applicant and his wife, Anisha (PW1) were residing, which was situated at Manassery near Mechery Shiva Temple, Kozhikode and thereby committed the offences.

4. The applicant was prosecuted and tried by the Sessions Court, Kozhikode in S.C.No.849 of 2016 for the aforementioned offences and he was convicted. The applicant challenged the conviction and sentence before this Court in Crl.A.No.1242 of 2019. The main defence taken up by the applicant was that he was suffering from unsoundness of mind at the time of the incident and the inquiry contemplated under Section 328 of Cr.P.C was not conducted in accordance with law at the time of the committal proceedings. This Court, as per Annexure A2 judgment, accepted the said plea of the applicant and set aside his conviction and sentence. The committal order passed by the learned Magistrate in C.P. No. 23 of 2016 was also set aside and the matter was remitted back to the Judicial First Class Magistrate- II, Thamarassery, for conducting an inquiry under Section 328 (1) of Cr.P.C. Thereafter, the applicant filed a petition for regular bail as CMP No.2693 of 2025. The said petition was dismissed as per Annexure-A3 order, holding that since the proceedings under Section 328 of Cr.P.C is going on, the applicant cannot be enlarged on bail. It is in these circumstances, the applicant has now approached this Court seeking regular bail.

5. I have heard Sri.Nandagopal S. Kurup, the learned counsel for the applicant and Sri.C.K.Suresh, the learned Special Public Prosecutor. Perused the case diary.

6. I have called for a report from the learned Magistrate as to the present stage of the inquiry under Section 328 of Cr.P.C. The learned Magistrate has sent a detailed report, which shows that the learned Magistrate had called for a medical report from the Mental Health Center, Kozhikode, where the applicant was undergoing treatment and also from the Civil Surgeon, who examined the applicant at the instance of the Superintendent, Central Prison and Correctional Home, Kannur. The reports show that the applicant is fit to stand trial. However, in the report it is stated that another report has been called for from the Civil Surgeon, who advised certain medical tests and is awaiting the test results for finalizing the opinion.

7. Taking into account the report submitted by the learned Magistrate and after hearing the learned counsel for the applicant and the learned Special Public Prosecutor, this bail application is disposed of with the following directions:-

(i) The Judicial First Class Magistrate- II, Thamarassery is directed to complete the inquiry under Section 328 of Cr.P.C within a period of one month from the date of the receipt of a copy of this order.

(ii) Thereafter, the applicant is free to file a fresh application for regular bail, which shall be considered and disposed of by the learned Magistrate in accordance with law.

(iii) While considering the bail application, the learned Magistrate shall take into account the fact that the applicant is in custody for the last more than seven years.

Sd/-

DR.KAUSER