IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 Crl.MC.No. 4293 of 2008(D) -------------------------------------- (CRIME NO.263/CR S11/06 OF CRIME BRANCH CID SIG II AND CRIME 246/06 OF KUNNATHUNADU POLICE STATION) ..................... PETITIONERS/ ACCUSED: ------------------------------------- HYDROSE N.K., AGED 61 S/O. NINU KHADER, NEDUNGOTTU PUTHEN PURAYIL (HAFSA MANZIL) KUMMANAD KARA, PATTIMATTOM. BY ADV. SRI.V.K.GOPALAKRISHNA PILLAI, ADV. SRI.GOPAKUMAR G. (ALUVA) RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4293 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of December, 2008 O R D E R The petitioner has come to this Court with this petition under Section 482 Cr.P.C. apprehending that he may be subjected to Scientific tests at the Forensic Science Laboratory, Bangalore without and before ensuring that he is fit to stand such tests, including Narco analysis test. 2. Crime No. 263/CR/SIG-II/06 is registered by the Crime Branch on the basis of Crime No.246 of 2006 of Kunnathunadu Police Station. That crime relates to the alleged homicidal death of a woman. There are certain circumstances which induced in the police the belief that the petitioner may be in a position to give crucial information about the circumstances of the crime. It was decided that the crucial witnesses/suspects must be subjected to scientific tests including Narco analysis test. The petitioner's consent was obtained for such test. The petitioner stands by that consent and does not revoke or withdraw the consent granted. Crl.M.C.No. 4293 of 2008 2 But according to the petitioner such test is to be undertaken only if the petitioner is found to be fit for such test. He apprehends that he may be subjected to those tests without and before confirming that he is fit to stand such tests. According to him, the doctors at the Government Medical College, Kottayam have already examined him. He has not been assured that he is fit to stand the tests. The Narco analysis and connected tests are scheduled to be held between 15.12.08 to 23.12.2008. The concerned persons are to be taken to the Forensic Science Laboratory, Bangalore for the conduct of those tests. 3. The learned Prosecutor submits that the petitioner shall be subjected to the tests only if the authorities of the Forensic Science Laboratory, Bangalore are convinced on the basis of relevant data that he is fit to stand the tests. The petitioner does not raise any objection against subjecting him to those tests if he is medically fit. No document has been placed before me to show either way as to whether the petitioner is fit or not fit to stand those tests. 4. According to the petitioner, he has certain ailments. He has been examined by the doctors at the Government Medical College, Crl.M.C.No. 4293 of 2008 3 Kottayam. No documents have been produced before me to come to a firm conclusion as to whether the petitioner is fit or not fit to stand the necessary tests. The tests are to be conducted between 15.12.08 and 23.12.2008. I am, in these circumstances, satisfied that appropriate directions can be issued to the Forensic Science Laboratory, Madivala, Bangalore. Such directions, I am satisfied, shall serve the interests of justice eminently. 5. In the result: a) This Crl.M.C. is allowed in part. b) Specific directions are issued to the Forensic Science Laboratory, Madivala, Bangalore that the petitioner must be subjected to the Narco analysis test and other tests only after satisfying that the petitioner is medically fit to stand such tests. c) Hand over the order to the learned counsel for the petitioner and the learned Prosecutor forthwith for production before the authorities of the Forensic Science Laboratory, Madivala, Bangalore. d) In the peculiar facts and circumstances of this case, when the scheduled examination is to take place from 15.12.08 to 23.12.2008, it Crl.M.C.No. 4293 of 2008 4 is not possible for this Court to wait for further materials from either side about the suitability or otherwise of the petitioner to stand such tests. It is hence that this direction is being issued specifically to the Forensic Science Laboratory, Madivala, Bangalore to subject the petitioner to such tests only after satisfying that the petitioner is fit to stand such tests. e) The petitioner shall also be at liberty to produce all such records as is necessary before the Forensic Science Laboratory to show that he is fit or not fit to stand the tests. (R. BASANT) Judge tm