operating with the investigation and was not
undergoing potency test. The learned senior counsel for accused
undertook that the accused will submit himself for potency ... learned senior
counsel submitted that pursuant to that, accused had undertaken
potency test and was subjected to interrogation. Investigation was
Crl.M.C.Nos.4504
bail for a direction to the petitioner
to appear for potency test. It was very strongly opposed by
the accused. The court below by order ... appear
before the Superintendent, Taluk Head Quarters Hospital,
Kothamangalam for undergoing potency test. The said order
Crl.M.C.No.1189/2013
-2-
is assailed
that he has
not co-operated so far to undergo the potency test through the
hospital authority concerned. Sri.M.Sasindran, learned counsel
appearing ... prosecution, it is
absolutely unnecessary and irrelevant to insist for potency test
and but that the Investigating Officer so insist, the petitioner
have no objection
Section 473 of the Code. Learned Public Prosecutor pointed out that potency
test of petitioners was conducted only on 07.02.2008. It is pointed ... available after they were released on
bail to facilitate conduct of potency test.
5. Assuming that potency test was conducted only on 07.02.2008,
even that
complainant,
the accused in the case could not be subjected to potency
test as he has not been arrested in the matter ... filed
final report in the matter without subjecting the accused to
potency test. In such case, if the accused does not want to
undergo
much. The petitioner is ready and willing to undergo
the required potency test at any time as directed by the
Investigating Agency. The custodial interrogation ... questioning the accused and, if necessary, after sending him for
the potency test, produce him before the jurisdictional Special
Court on the same day itself
found
to be incapable of performing sexual act in the potency test conducted
at General Hospital, Changanacherry on 23.08.2013. Another challenge
raised by the petitioner ... 2386/2019
-:6:-
7. As regards the negative finding in the potency test
conducted on the petitioner on 23.08.2013, it cannot be stated
such surrender, the investigating
officer shall take him for conducting potency test on the same
day, after recording his arrest. In the event of recording ... permission of the trial Court.
(vii) If for any reason, the potency test could not be
conducted on the same day, the applicant shall appear
petitioner will fully co-operate with the conduct of potency test, paternity
Bail Appl..No. 2239 of 2019
4
test etc.
5. Learned Public Prosecutor ... investigating process and shall also co-operate in the conduct
of potency test as well as paternity test.
7. Learned Public Prosecutor has pointed
Family
Court seeking direction to the petitioner to undergo
detailed potency test before the Medical Board at the
Medical College Hospital, Thrissur. In the said ... contending that it is not necessary for
him to undergo any potency test for the purpose of a
decision in the original petition, which
