Disposed

Samsy Sebastian v. State of Kerala

Kerala HC21 Feb 2022Bail Appl./66/2022

Case brief

AI extract

What is this about?

High Court of Kerala disposed of a bail application in a murder case. The court did not grant bail but directed that the appealable order be sent to the Magistrate for consideration under Sections 328 and 330 Cr.P.C. due to the petitioner's psychiatric issues.

What did the court decide?

Bail application disposed; petitioner directed to appear before jurisdictional Magistrate within 10 days to avail bail under Section 330 Cr.P.C.

Samsy Sebastian Vs State of Kerala — Bail and Remand | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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MONDAY, THE 21^ST DAY OF FEBRUARY 2022 / 2ND PHALGUNA, 1943

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BAIL APPL. NO. 66 OF 2022

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Crime No.1180/2022 of Pathanapuram Police Station

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PETITIONER/ACCUSED:

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SAMSY SEBASTIAN AGED 33 YEARS DAUGHTER OF SEBASTIAN, SAMSI BHAVAN, CHELIKUZHI.P.O, PATTAZHI, PATTAZHI VADAKKEKKARA VILLAGE, KOLLAM DISTRICT, PIN - 689695

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BY ADVS. AJEESH K.SASI SREELAKSHMI SABU

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RESPONDENT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031

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BY ADVS. PUBLIC PROSECUTOR ADDL.DIRECTOR GENERAL OF PROSECUTION

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OTHER PRESENT:

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SRI. C.K. SURESH (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A. No.66/2022

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O R D E R

The bail application is filed by the accused in Crime No.1180/2022 of Pathanapuram Police Station, Kollam District alleging commission of offence punishable under Section 302 of the Indian Penal Code.

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The allegation against the petitioner is that with the intention of causing death of the 2 month year old baby girl, the petitioner along with the aforesaid 2 month old child jumped into the well situated in the parental house of the petitioner at a place called Pattazhi, following which the child died.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor. The counsel for the petitioner submits that the petitioner is suffering from certain psychiatric problems and refers to Annexures A3 to A5 in this regard. It is submitted that she is undergoing psychiatric treatment. The learned Public Prosecutor does not dispute the fact that the petitioner is undergoing psychiatric treatment. Chapter XXV of the Code of Criminal Procedure makes provision regarding accused persons of unsound mind and requires the Magistrate to follow the procedure under Sections 328 and 330 of Cr.P.C in respect of a case under investigation.

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Having regard to the facts and circumstances of the case and considering the materials placed on record by the learned counsel for the petitioner, I am of the view that this is a case where Sections 328 and 330 are to be followed by the jurisdictional Magistrate. I therefore deem it appropriate to dispose of this bail application with the following directions:-

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B.A. No.66/2022

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(i) The petitioner shall mark appearance before the jurisdictional Magistrate within 10 days from today;

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(ii) On the appearance of the petitioner the Magistrate shall proceed with the matter having due regard the provisions of Sections 328 and 330 of the Cr.P.C.

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It is made clear that if the learned Magistrate is satisfied that the provisions of Sections 328 and 330 apply in the case having due regard to the documents that may be produced, the petitioner shall be released on bail taking into account of provisions of Section 330 and subject to the conditions provided for therein.

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Bail application will stand disposed of with the aforesaid directions.

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Sd/- GOPINATH P. JUDGE

AMG

B.A. No.66/2022

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APPENDIX OF BAIL APPL. 66/2022

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PETITIONER ANNEXURES

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Annexure1	FIR IN CRIME NO 1180 OF 2021 OF PATHANAPURAM POLICE STATION
Annexure2	ORDER DATED 24.12.2021 IN CRIMINAL M.C NO 2260/2021 OF THE COURT OF ADDITIONAL DISTRICT AND SESSIONS JUDGE-1 KOLLAM
Annexure3	CASUALITY RECORD OF THE PETITIONER DATED 18.11.2021 ISSUED FROM GOVERNMENT MEDICAL COLLEGE THIRUVANANTHAPURAM
Annexure4	DISCHARGE CARD OF THE PETITIONER ISSUED FROM GOVERNMENT MEDICAL COLLEGE THIRUVANANTHAPURAM
Annexure5	DISCHARGE SUMMARY OF THE PETITIONER DATED 31.12.2021 ISSUED FROM GOVERNMENT MEDICAL COLLEGE THIRUVANANTHAPURAM

Samsy Sebastian v. State of Kerala

Case brief

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Samsy Sebastian v. State of Kerala

Case brief

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