IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 Bail Appl..No. 3563 of 2009() --------------------------------------------- CRIME NO.161/2009 OF KURAVILANGADU POLICE STATION, KOTTAYAM. PETITIONER ------------------------------ SAJU D.MUTTAM, MUTTATHU HOUSE, PONTHANPUZHA, KARIKATTOOR, A MENTALLY ILL PATIENT, REPRESENTED IN THESE PROCEEDINGS THROUGH HIS FATHER AND GUARDIAN TOMY JACOB, MUTTATHU HOUSE, PONTHANPUZHA, KARIKATTOOR, KOTTAYAM DISTRICT. BY ADV. SRI.C.S.MANILAL RESPONDENT/STATE: ------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3563 of 2009 ------------------------------------ Dated this the 8th day of July, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.161/2009 of Kuravilangadu Police Station, Kottayam. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. This is a case involving peculiar facts. A girl aged 14 years was admitted in Cardinal Specialty Hospital, Monipally for alleged mental illness. She was admitted on 20/04/2009. She was an inmate of room No.95 in the 5th floor of the hospital. The accused is stated to be a mentally ill person. His father filed a petition before the Circle Inspector of Police, Manimala on 22/04/2009 stating that the petitioner was showing symptoms of mental disease and that his father was unable to manage the petitioner. He sought help of the police for the purpose of forcibly removing the petitioner to a mental hospital. The police afforded necessary help to the B.A. No.3563 / 2009 Page numbers father of the petitioner and accordingly, the petitioner was admitted in Cardinal Specialty hospital, Monipally on 24/04/2009. Annexure II is the discharge summary dated 22/06/2009 issued by the Cardinal Specialty Centre, which indicates that the petitioner was admitted in the hospital on 24/04/2009 and that he was brought by his father with the help of police. The discharge summary also shows the diagnosis thus: “Schizophrenia, Unspecified”. The petitioner was treated in the hospital and he was discharged on 10/06/2009. 4. The incident occurred on 1/05/2009. The prosecution case is that on 1/05/2009 at 12.30 hours, the petitioner committed rape on the victim girl. The girl did not report the matter to anybody. After discharge from the hospital on 18/05/2009, she was asked to visit the hospital again, but she did not do so. Later, she was examined by the doctor on 1/06/2009. It would appear that the girl had reported to her relatives about the incident and they wanted to ascertain the facts and to conduct pregnancy test. Pregnancy was ruled out, but it was reported to the doctor that she was raped by the B.A. No.3563 / 2009 Page numbers petitioner on 1/05/2009. The F.I.R. was registered only on 20/06/2009. 5. The petitioner seeks anticipatory bail in these circumstances apprehending arrest in the case. The learned Public Prosecutors opposed the Bail Applications. 6. In the peculiar facts and circumstances of the case, I am of the view that anticipatory bail can be granted to the petitioner. If the relief is denied to the petitioner, there is every likelihood that the petitioner would be arrested and detained in judicial custody. That would not serve any purpose. It cannot be said that the petitioner would try to influence the witnesses or intimidate them. If the petitioner is detained in judicial custody, sometimes, his illness may aggravate and it may become necessary to shift him to the mental hospital. On the other hand, if he is granted anticipatory bail, it would not affect the investigation of the case. All relevant facts are to be investigated upon by the investigating agency. For that purpose, the cooperation of the petitioner is also necessary. 7. The learned counsel for the petitioner submits that the B.A. No.3563 / 2009 Page numbers petitioner is prepared to appear before the police on any number of occasions and he is prepared to abide by any conditions that may be imposed by this Court. 8. Taking into account the facts and circumstances of the case, there will be a direction that in the event of arrest of the petitioner in connection with Crime No.161/2009 of Kuruvilangadu Police Station, the officer in charge of the police station shall release him on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M. on all Mondays, Wednesdays and Fridays, till the final report is filed or until further orders; B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. B.A. No.3563 / 2009 Page numbers E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm