IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 WP(C).No. 8896 of 2009(F) -------------------------------- PETITIONER(S): ------------------ K.K.MALATHI, W/O.HARIDAS, C/O.RAMANI BABU, PANIKAL HOUSE, SALIM RAJAN ROAD, ELAMKULAM, GANDHI NAGAR, KOCHI-682020. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): -------------------- THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT OF KERALA, HOME DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 8896 OF 2009 (F) ===================== Dated this the 19th day of March, 2009 J U D G M E N T According to the petitioner, her son Saji P.Das was a mentally ill person. He was accused in Sessions Case No.698/2005 in the file of the III Additional Sessions Judge (Adhoc), Fast Track No.1, Thrissur alleging offences under Sections 302 and 307 of I.P.C. By Ext.P1 judgment, the Sessions Court held him not guilty, but however, taking into account his homicidal tendencies, issued the following directions. In the result, I find that the accused is not guilty of the offences punishable under Secs.302 and 307 of IPC. The accused is, therefore, acquitted of the said offences, under Sec.235(1) of Cr.P.C. The accused is, however,not entitled to be set at liberty, since he has clear homicidal tendencies. So the accused is ordered to be detained in safe custody in the Mental Health Centre, Thrissur, until he can be ordered to be delivered to any of his relatives or friends in the manner provided under Section 335 (3) of Cr.P.C. The office of this Court is directed to report to the State Government the fact of detention of the accused in the Mental Health Centre, Thrissur, as enjoined by Sec.335(4) of Cr.P.C. Mos 1 to 5 and 8 to 10 will be destroyed and Mos 6 and 7 will be delivered to PW1 after the appeal period is over. 2. Petitioner submits that her son has now fully WPC 8896/09 :2 : recovered and therefore filed Ext.P5 application to the 1st respondent seeking delivery of the lunatic to her as provided under Section 339 of the Cr.P.C. Orders have not been passed on Ext.P5 and therefore the writ petition is filed. 3. Taking into account the aforesaid grievance and also the case of the petitioner regarding the pendency of Ext.P5 representation filed by her, the writ petition is disposed of directing the respondent to consider and pass orders on Ext.P5. This shall be done, as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment along with a copy of this writ petition. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp