JUDGMENT : 1. A case under Sections 302 and 309 IPC has been registered in Crime No.462 of 2015 of Sathyamangalam Police Station by the Inspector of Police, against the petitioner herein, who is aged 61 years, on the basis of the complaint preferred by his own son, Kamaraj. 2. In the complaint, dated 09.09.2015, it is stated by one of the sons of the petitioner, by name, Kamaraj, that: (a) his father, the petitioner herein, was suffering from mental health problem for a period of one year; (b) on 09.09.2015, when the petitioner had been to the agricultural field, along with his mother, and on information from relatives and friends, when they went to the field, they saw the mother lying dead and the father lying with stomach injuries with the internal part of the stomach remaining exposed; (c) he was informed by his father that he had beaten his mother with wooden log and he opened his stomach with a knife. 3. Based on these allegations, the body of the mother was sent for post-mortem and a case has been registered against the father for having caused the death of his wife under Section 302 IPC and under Section 309 IPC for having attempted to commit suicide. 4. There was a report by the Chief Civil Surgeon, Department of Psychiatry, Coimbatore, stating that the accused has to be admitted in the hospital for a period of 15 days in the Department of Psychiatry with necessary security arrangements for observation, evaluation and certification. A report was directed to be filed on 28.01.2016. 5. Thereafter, a report has been filed by the Department of Psychiatry, Coimbatore Medical College Hospital, stating that the petitioner has been suffering from Chronic Psychiatric Problem – probably Schizophrenia. This report has been given after observation and investigation of the petitioner from 25.01.2016 to 11.02.2016. 6. Therefore, now the question to be considered is, whether it is a fit case for grant of Anticipatory Bail. 7. This Court has directed the sons of the petitioner to appear before this Court with a view to get some details regarding the behaviour, attitude and the day-to-day activities of the petitioner, for the purpose of deciding the bail application. 8. Along with the bail application, the Medical Prescriptions of the petitioner, ranging for a period of seven months, have been filed starting from 07.05.2014. 8. Along with the bail application, the Medical Prescriptions of the petitioner, ranging for a period of seven months, have been filed starting from 07.05.2014. Even in the complaint, it is stated that the petitioner was suffering from psychiatric issues. 9. Under such circumstances, the bail application of the petitioner has to be decided considering the conduct of the petitioner as to whether his enlargement on bail would ensure: (a) safety to himself; (b) safety to his family members; (c) safety to the society. In case of his confinement in prison, whether that would ensure: (A) safety to himself; (B) safety to fellow prisoners; and (C) safety to prison officials deserve consideration of this court. 10. It is represented by the learned counsel for the petitioner that traditionally, mentally retarded persons have been treated as second class citizens and as their human rights and constitutional rights should not be deprived, the petitioner should not be remanded to custody and in the interest of justice, bail should be granted to him. 11. It is true that under the Declaration of Rights of Mentally Retarded Persons (1971), the mentally retarded persons are given the same right as other human beings to the maxim degree of feasibility. He is also given the rights to proper medical care and physical therapy, apart from protection from exploitation, abuse and degrading treatment. Consideration of these rights depends upon other factors also, in view of the pending case against the petitioner with grave allegations. In view of the same, the balancing rights and interest of the both the accused as well as the society have to be pitted against each other. 12. The fact remains that apart from the mental health, the petitioner is also suffering from severe physical health issues on account of the self inflicted injury caused on the stomach. He is also aged 61. The mental health at the time of the occurrence is the subject matter of the investigation and therefore, less said is better. But there are materials to show that there was mental health issues prior to the occurrence. 13. The sons of the petitioner, who appeared before this Court, gave assurance to the Court that they would take proper care of the father and they would ensure that public is not put on peril on account of the conduct of the petitioner herein. 13. The sons of the petitioner, who appeared before this Court, gave assurance to the Court that they would take proper care of the father and they would ensure that public is not put on peril on account of the conduct of the petitioner herein. On account of the physical injury, the petitioner is stated to be in immobile condition and therefore, he may not be in a position to roam-around and to cause any harm to the public. 14. Putting him behind the bars at a stage where when both physical and mental health is not in a good condition, it would not only cause administrative problems for the Jail Authorities, but would cause further deterioration of his health conditions. When the culpability itself is an issue to be investigated, no purpose would be served by detaining the petitioner at this stage. There is no likelihood of absconding or tampering with witnesses on account of his health conditions (both physical and mental). The support and solace that could be provided by the family members who are well accustomed to the daily routines of the petitioner would be certainly superior to the institutional care. 14. Under such circumstances, Anticipatory Bail is granted to the petitioner, subject to the conditions that: (a) the sons of the petitioner shall make the petitioner available for medical examination; (b) for investigation as and when deemed necessary by the respondent; (c) both the sons of the petitioner shall stand as sureties and they would execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each, to the satisfaction of the learned Judicial Magistrate, Sathyamangalam; (d) the sons of the petitioner shall produce the petitioner before the Department of Psychiatry, Coimbatore Medical College Hospital, Coimbatore, once in fifteen days or earlier also, if necessary, and to inform the progress regarding the petitioner's health condition to the respondent, for the purpose of facilitating the investigation. 14.1. It is made clear that the respondent is at liberty to move for cancellation of bail, if the conditions stipulated in this bail application are not obeyed.