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Judgment
Gopinath P, J
This is an application for regular bail.
Petitioner is the accused in Crime No.1118/2021 of Balussery police station, alleging commission of offences under Sections 452, 324 and 307 of
the Indian Penal Code.
Learned counsel appearing for the petitioner submits that the petitioner is suffering from some mental illness and is presently admitted to
Government Mental Health Centre, Kuthiravattam, Kozhikode district. It is also submitted that the petitioner has been in custody from 15.11.2021.
Having regard to the submission made by the learned counsel appearing for the petitioner and having regard to the provisions contained in Chapter
XXV of the Criminal Procedure Code, I am of the view that the petitioner must approach the jurisdictional Magistrate for bail. This is because, the
petitioner herein is alleged to be suffering from mental illness and Chapter XXV of the Criminal Procedure Code makes special provisions regarding
the manner in which such person is to be released from custody. In particular, Section 330 Cr.P.C requires the Magistrate to release such persons on
bail in the manner provided for therein. I am therefore of the opinion that this bail application is to be disposed of, directing the jurisdictional Magistrate
to consider the bail application of the petitioner, having regard to the provisions under Section 330 of the Cr.P.C. Considering the fact that the
petitioner has been in custody from 15.11.2021, I direct that if an application for bail is filed before the jurisdictional Magistrate, the same shall be
considered and disposed of without any delay.