Kerala High Court Grants Bail To A Psychiatric Patient Citing That Further Detention In Jail Would Adversely Affect His Illness

The Kerala High Court on Tuesday granted bail to an accused, taking into consideration the fact that he is suffering from a psychotic illness and further detention in jail would adversely affect his illness. 

Justice Kauser Edappagath observed that since the major part of the investigation is over and the petitioner, a psychiatric patient, has already spent more than three weeks in jail, further detention in jail would adversely affect his illness. 

Considering the fact that the petitioner is suffering from psychotic illness, and also considering the fact that he is in jail for more than last 3 weeks, I am of the view that his further detention in jail may adversely affect his illness.

The prosecution case is that when the petitioner was called by the police with respect to an enquiry in connection with another case, he trespassed into the Guruvayoor Police Station compound with his car carrying his dog, damaging the Police Station gate; he also uttered abusive words against the police officers and threatened to kill them. He also took possession of a hoe and swayed it around, and also attacked the Grade S I who tried to intervene, thereby disrupting the official duty of the police officials. 

When the bail application came before the Court, the counsels appearing for the petitioner, Advocates K R Vinod, M S Letha, K S Sreerekha and Nabil Khader, submitted that the petitioner was innocent and had been falsely implicated in the case. Further, contending that there are no materials to connect the petitioner with the alleged crime and hence is entitled to be granted bail. 

Public Prosecutor Advocate Ashi M C, on the contrary, opposed the granting of bail and contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioner, and if the petitioner is released on bail at this stage, it would affect adversely affect the investigation. He also submitted that since the petitioner had caused damage of Rupees fifteen thousand to the State, the petitioner be directed to deposit the same in the Lower Court.

After perusing the case diary, the Court observed that prima facie, there are materials on record to connect the petitioner with the crime. However, taking into consideration the fact that the major part of the investigation was over and that the petitioner is suffering from a psychotic illness, the Court directed the wife and brother of the petitioner to appear before the Court, and they submitted before the Court that the petitioner is in need of treatment. They also undertook that if the petitioner is released on bail, they are prepared to take care of him during the entire bail period, and he would be provided with adequate treatment. 

Thereby, the Court granted bail subject to certain conditions to the petitioner, considering the fact that the petitioner has spent over three weeks in jail, and further detention would adversely affect his illness. 

Taking into consideration the submission made by the Public Prosecutor, the Court directed the petitioner to deposit Rupees Fifteen Thousand in the Lower Court within two weeks. The Court also directed the wife and brother of the petitioner to take care of the petitioner and provide him adequate treatment. 

Case Title: Vinson v. State of Kerala 

Citation: 2022 LiveLaw(Ker) 485

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