IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 WP(Crl.).No. 171 OF 2008(S) PETITIONER: S. ROBERT SAM, AGED 55 YEARS, S/O. SAMUEL, RESIDING AT NO.18/9B, NEW NO.491, MUNICIPAL COLONY, PUNNAI NAGAR, NAGARCOIL, KANYAKUMARI DISTRICT, TAMIL NADU-629 004. BY ADV. SRI.K.N.CHANDRABABU RESPONDENTS: 1. STATE OF KERALA REP. BY PRINCIPAL SECRETARY, DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, KORATTY. 3. THE SUPERINTENDENT OF POLICE, THRISSUR. 4. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 5. REV. FATHER MATHEW THADATHIL V.C., PROPRIETOR AND ADMINISTRATOR OF DIVINE CENTRE, SANTHIPURA, MELOOR P.O., CHALAKUDY. 6. SMT. KAMALA S. NAIR, AGED ABOUT 69 YEARS W/O. SRI.P.SISUPALAN NAIR, PERMANENTLY RESIDING AT CHALARA HOUSE, ESAKKULAM BHAGAVATHINAGAR, MANNAMMOOLA, PEROORKADA POST, TRIVANDRUM-695 995. ADDL.RESPONDENT NO: 7:- THE SUPERINTENDENT, MEDICAL COLLEGE HOSPITAL, NAGARCOIL. (R7 IS SUOMOTU IMPLEADED AS ADDITIONAL RESPONDENT AS PER THE ORDER DATED 2.6.2008 IN W.P.(CRL) NO.171/2008.) WP(CRL.) 171/2008 BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.RAM MOHAN.G. FOR R6 SRI.G.P.SHINOD FOR R6 SRI.MANU V. FOR R6 GOVT. PLEADER SMT. M.K. PUSHPALATHA. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 27/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPCRL. 171/2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE JUDGMENT DATED 11.4.2008 PASSED BY THE FORTH ADDITIONAL CITY CIVIL JUDGE, MAYOHALL UNIT, BANGALORE IN MISC. 25013 OF 2008. EXT.P2 TRUE COPY OF THE RELEVANT PORTION OF CASE SUMMARY AND DISCHARGE RECORDS ISSUED FROM THE NATIONAL INSTITUTE OF MENTAL HEALTH AND NEURO SCIENCES AT BANGALORE. EXT.P3 TRUE COPY OF THE REQUEST LETTER SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 7.5.2008. EXT.P4 TRUE COPY OF THE COMPLAINT DATED 10.5.2008 PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P5(a) A TRUE COPY OF THE STATEMENTS PREPARED BY THE 5TH RESPONDENT. EXT.R6(a) TRUE COPY OF THE POWER OF ATTORNEY DATED 28.10.2003 EXECUTRED BY SURAJ R. IN FAVOUR OF 6TH RESPONDENT. EXT.R6(b) TRUE COPY OF LETTER DATED 16.8.2006 WRITTEN BY R. SURAJ. EXT.R6(c) TRUECOPY OF THE RECEIPT ISSUED FOR THE PAYMENT MADE ON 17.2.2006. EXT.R6(d) TRUE COPY OF THE RECEIPT ISSUED FOR THE PAYMENT MADE ON 27.8.2005. EXT.R6(e) TRUE COPY OF THE RECEIPT ISSUED FOR THE PAYMENT MADE ON 17.12.2003. EXT.R6(f) TRUE COPY OF THE RECEIPT ISSUED FOR THE PAYMENT MADE ON 27.9.2004. EXT.R6(g) TRUE COPY OF THE RECEIPT EVIDENCING THE PAYMENT OF A SUM OF Rs. 5 LAKHS. EXT.R6(h) TRUE COPY OF THE RECEIPTS DATED 2.5.2007. // TRUE COPY // P.S. TO JUDGE. KNC/- P.R. RAMAN & T.R. RAMACHANDRAN NAIR, JJ. = = = = = = = = = = = = = = = = = = = = WP(CRL) NO. 171 OF 2008 = = = = = = = = = = = = = = = = = DATED THIS, THE 27TH DAY OF AUGUST, 2008. J U D G M E N T Raman, J. In continuation of our order dated 6.8.2008, the 5th respondent has deposited an amount of Rs. 2,36,039/- being the balance available for refund. The said amount is now lying in the account of the High Court. Accordingly, after hearing both sides, we permit the petitioner herein who is appointed as the court guardian by the appropriate District Court, to withdraw the said amount and to re-deposit the same in any nationalized bank in a joint account of the petitioner and that of the alleged detenu. In case any necessity arises for expending the said amount or any portion thereof, it is open to the petitioner to approach the City Civil Court, Bangalore which appointed the petitioner as the guardian of the alleged detenu under the Guardian and Wards Act. Petitioner shall also file a report before the said court regarding the details of the amount so deposited in compliance with the above order. 2. There is a contention that some of the properties belonging to WP(CRL) 171/2008 :2: the detenu is sold and some of the properties are proposed to be sold, which action is not in the interest of the detenu or by a person competent to deal with the property of the detenu. It is open to the petitioner to move the District Court for necessary relief including cancellation of the document, if any executed and appraise that court by necessary evidence or proof to the effect that such sale is without jurisdiction and not in the best interest of the detenu, in which event the matter shall be considered by that Court and pass appropriate orders. . The writ petition is closed. P.R. RAMAN, (JUDGE) T.R. RAMACHANDRAN NAIR, (JUDGE) knc/-