IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 WP(Crl.).No. 273 of 2007(S) --------------------------- PETITIONER: ------------ BABU RAJ, AGED 43 YEARS, S/O.GILLARI YOSE, KANCHATHARA KIZHAKKETHIL, PADAPPAKKARA, KOLLAM. BY ADV. SRI.D.AJITHKUMAR RESPONDENTS: ------------- 1. SUPERINTENDENT OF POLICE, ALAPPUZHA. 2. CIRCLE INSPECTOR OF POLICE, KUNDARA, KOLLAM. 3. SUB INSPECTOR OF POLICE, ANCHALAMMOODU, KOLLAM. 4. SECRETARY, SNEHA BHAVAN, ANAPRAMBAL, THALAVADI P.O., ALAPPUZHA. ADDL. 5. ALEESE, KINARUVILA VEEDU, CHEMMAKAD P.O., KOLLAM. (ADDL. R5 IS IMPLEADED AS PER ORDER DATED 7/2/2008 IN I.A.NO.16172/07) R1 to R3 BY GOVT.PLEADER SRI C.M.KAMMAPPU R4 BY ADV. SRI.GEORGE VARGHESE NARAYANPARAMBIL R5 BY ADV. SRI S. SACHITANANDA PAI THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 08/01/2008, THE COURT ON 07/02/2008 DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE DEATH CERTIFICATE OF MARY A TONY DTD. 26/8/07. EXT.P2 TRUE COPY OF THE DEATH CERTIFICATE OF JOSEPH DTD.17/2/06. EXT.P3 TRUE COPY OF THE PETITION DTD. 17/10/2007 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 2 AND 3. RESPONDENTS' EXTS: EXT.R4A TRUE COPY OF THE PRESCRIPTION OF THE GOVT. HOSPITAL AT EDATHUA DATED 11/6/2006. EXT.R4B TRUE COPY OF THE PRESCRIPTION OF THE GOVT. HOSPITAL AT EDATHUA DTD. 27/7/2006. EXT.R4C TRUE COPY OF THE PRESCRIPTION OF THE GOVT. HOSPITAL AT EDATHUA DTD. 19/11/2007. EXT.R4D TRUE COPY OF THE BILL DTD. 16/7/2007. EXT.R4E TRUE COPY OF THE BILL DTD. 9/8/2007. EXT.R4F TRUE COPY OF THE BILL DTD. 10/12/07 True Copy P.S. TO JUDGES P.R. RAMAN & V. K. MOHANAN, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(CRL) NO. 273OF 2007 = = = = = = = = = = = = = = = = DATED THIS, THE 7TH DAY OF FEBRUARY, 2008. J U D G M E N T Raman, J. Petitioner is stated to be a relative of the alleged detenu Swaraj who lost his parents. The party respondents herein are also related to Swaraj who admitted him in the 4th respondent Orphanage. Swaraj was suffering from mental ailment which required good treatment. Alleging that he is not being given proper treatment and seeking appropriate direction to produce the body of Swaraj and to hand over his custody to the petitioner, this writ petition was filed. 2. Pursuant to the notice issued the 5th respondent entered appearance and filed a counter affidavit. It is admitted that Swaraj, the alleged detenu was admitted in the 4th respondent orphanage as early as in June, 2006 by the Parish priest of the locality. It is averred by the 5th respondent that she used to visit the Orphanage; but the petitioner never visited Swaraj in the Orphanage at any time and the attempt of the petitioner is only to snatch away his wealth. WP(CRL.) 273/2007 :2: 3. The 4th respondent in the counter affidavit stated that the alleged detenu Swaraj is given proper treatment at the Government Hospital at Edathua and also produced the prescription given by the doctors. The Sub Inspector of Police, Anchalumood Police Station has filed a statement stating that the alleged detenu is an educated person, that he has completed his MA from Fathima Matha National College, Kollam and even from his teen age he was a mental patient, that after the death of his father, he did not allow the relatives to bring the dead body to his house and some of the relativies with the help of police shifted him to the nearby house and conducted the funeral, that after the death of his father, his mother, who was a pensioner was taken by her relatives; but they refused to take Swaraj along with them, that Swaraj always feared that neighbours and relatives will mix poison in food and he refused to take food for 16 days and on seeing the pathetic situation, the father of St. Sebastian Church and Local Panchayat member with the help of neighbours and relatives of his father took him to Snehabhavan Edthva and he is there for the last 18 months. An extent of 80 cents in Padappakara, 27 cents at Chemmakkadu and 14 cents and a house near Anchankutty are the properties belonging to Swaraj. WP(CRL.) 273/2007 :3: 4. In order to give better treatment to Swaraj, we permitted the petitioner to get him released from the 4th respondent Orphanage and admit him in G.G. Hospital for treatment by Dr. V.K. Ramachandran. Necessary directions were also issued to the Circle Inspector of Police, Kundara, in that behalf. Pursuant thereto Dr. V.K. Ramachandran has treated Swaraj and submitted a report which shows that Swaraj who is aged 35 years is having low intellectual functioning, lack of emotional responsiveness to the environment, weakness in reality perception, inadequate attention for obvious details, impaired reality testing and somatic preoccupation and the above features give an impression of a Schizophrenic protocol. It is also stated that he has improved very much and he may be discharged after a week. This medical certificate is dated 26.1.2008. Subsequently, it is submitted by the learned counsel for the petitioner that he has been discharged from the hospital and is with the petitioner. 5. After hearing both sides, the following orders are issued: i). The interim custody of Swaraj will continue with the petitioner who shall give him all necessary and best treatment at his cost. ii). Petitioner shall produce Swaraj, the alleged detenu in WP(CRL.) 273/2007 :4: this case, before the Principal District Court, Kollam, every month and that court will assess the condition of Swaraj and if found necessary, appropriate directions for his continued treatment and custody shall be given. The party respondent is free to visit Swaraj to enquire about his welfare; but shall not interfere with the peaceful living of the patient. Even though it is alleged by the petitioner that the 5th respondent and his men have caused threat and some undue incidents happened, in the absence of any materials, we do not think it is appropriate to pass any direction in this regard. However, we state that since both the petitioner as well as the party respondent are relatives and Swaraj being a mental patient, who requires sympathy from all his relatives, they shall not do anything which may cause harm to the improving of the mental conditions of Swaraj. 6. It is also open to the District Court, if it is found on a later date that the custody of Swaraj should be entrusted with any independent agency, or that in the changed circumstances any modification is to be made to the arrangement now made, it will be open to the court to pass such orders after considering and evaluating the situation then prevailing. If either of the parties approach the court for appointment of a next friend or WP(CRL.) 273/2007 :5: guardian, the same may be considered by the court in accordance with law untrammelled by the arrangements as aforesaid made. Petitioner shall produce Swaraj before the Principal District Court on 21.2.2008. With the above directions, we close this writ petition. P.R. RAMAN, (JUDGE) V. K. MOHANAN, (JUDGE) knc/-