IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3563 of 2009()
1. SAJU D.MUTTAM,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.C.S.MANILAL
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :08/07/2009
O R D E R
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