KALIYAPPAN Vs. STATE

JUDGEMENT

(1.) This case was taken up through video conferencing.

(2.) On 12.05.2006, Kaliyappan, who was presumably suffering from some mental illness, was taken by his father Muniyappan, to a native doctor, Varadha Naickar in Mulluchettipatti Forest, Omalur Taluk, Salem, for the purpose of treatment. While he was being examined by the said doctor, Kaliyappan ran away hollering that he does not need any treatment. Muniyappan ran behind his son, accompanied by others, exclaiming "Catch him". Responding to this call, one Kondaiyan, who was grazing his cattle nearby with a billhook in hand, tried to apprehend Kaliyappan. Infuriated at that, Kaliyappan is said to have snatched the billhook from Kondaiyan and attacked him indiscriminately, which eventually proved fatal.

(3.) On these allegations, a case in Crime No.126 of 2006 was registered for the offence under Section 302 IPC against Kaliyappan. According to the police, they arrested him on 13.05.2006 and sent him to judicial custody. While Kaliyappan was in custody, the District Munsif-cum-Judicial Magistrate, Omalur, passed an order dated 07.07.2006 (D.No.1469 of 2006), directing that Kaliyappan should be examined by specialists in the Institute of Mental Health (IMH), Kilpauk, Chennai - 10. Accordingly, Kaliyappan was admitted as an in-patient in the IMH, Kilpauk, on 25.08.2006 and was given treatment for his mental illness.