ANEESHKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The above-captioned application seeking regular bail has been filed under Sec. 439 of the Code of Criminal Procedure ("Code" for short) by the accused in Crime No.2847 of 2019 of the Kundara Police Station, registered under Sec. 302 of the IPC. The case is pending trial before the Additional Sessions Judge-VI, Kollam as S.C.No. 191/2021. The petitioner was arrested in connection with the crime on 11/12/2019 and he remains in custody. His earlier applications were dismissed by this Court by orders dtd. 22/6/2020 and 3/12/2020. Later, though he approached the Court of Session, he has not met with any success and has been languishing in custody since then.

(2.) The prosecution case, in brief, is as follows:

(3.) Sri. Dipu R., the learned counsel appearing for the petitioner submitted that though this Court had directed the Sessions Court to expedite the trial proceedings, nothing worthwhile has happened thereafter. As is evident from the order passed by the Court of Session, the trial could not be commenced as the Material Objects are yet to be analysed by the Forensic Science Laboratory. The Director of the Forensic Science Lab has reported that the examination can be expedited but he has not given a time frame. It is further submitted by the learned counsel that the petitioner is suffering from severe psychiatric disease, a painful skin ailment known as Psoriasis Vulgaris and has also been diagnosed with Grade-II Haemorrhoids. It is submitted that an enquiry was conducted by the learned Sessions Judge under Sec. 329 and 330 of the CrPC and after examining the witnesses, it was found that the medical insanity of the accused is prima facie proved. As the legal insanity of the accused can be considered only at the stage of the trial, it would be a travesty of justice to keep a mentally insane person in prison. His mother and near relatives are prepared to take care of the petitioner and unless he is released on bail, it would not be possible for them to provide good medical care and attention. Reliance is placed on Annexure-4 letter issued by the Superintendent, Mental Health Center, Thiruvananthapuram, to bring home the point that the petitioner has been diagnosed with Bipolar Mood Disorder.