ANILKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS are accused Nos. 1 and 2 in Crime No. 696 of 2012 of C.B.C.I.D., Thiruvananthapuram, (originally registered as Crime No.910 of 2012 of Peroorkada Police Station) for having committed offences punishable under Sections 341, 323, 324 and 302 read with Section 34 I.P.C.

(2.) PETITIONERS are the employees of the Mental Health Centre, Thiruvananthapuram, the first accused being a Last Grade employee and the second accused being the Warden of the said Health Centre.

(3.) PETITIONERS would point out that they are innocent and have been falsely implicated. At worst, what they did was they tried to separate Lalu and and Satnam Singh, who are cell mates on the relevant day, while they were engaged in a scuffle, by using some amount of force. They refuted the allegation that they physically assaulted Satnam Singh and would say that they used minimum force to bring them under control. According to them, in the scuffle between Satnam Singh and Lalu, it is possible that his head might have smashed against the wall and that might have caused his death. It is further contended that when Satnam Singh was admitted in the Mental Health Centre, Thiruvananthapuram in the early hours of 3.8.2012, he was not attended to by any doctor and he remained without being attended to till the evening of 4.8.2012. Probably his illness had aggravated and made him violent. At the relevant time, it is pointed out that there were 81 inmates in the Hospital and there was only the petitioners on duty at that time. They necessarily had to take the aid of patients who were awaiting discharge from the Mental Health Centre to separate the two warring patients at the Hospital. Had Satnam Singh been given proper medical aid and care as soon as he was brought to the Hospital, he would not have become violent and it would not have been necessary for the petitioners to use force to bring him under control. At any rate, it is pointed out that all that is attributed to the petitioners is that they have beaten the victim using cable wire and going by the cause of death of Satnam Singh, it is seen that the injuries that resulted in the death of Satnam Singh were not inflicted by them. Both of them have been in custody from 10.8.2012. Their custodial interrogation is over and it is pointed out that their continued custody is unnecessary. Therefore, they seek bail.