Petitioner sought custody of a mentally ill relative admitted to an orphanage. Court permitted release to petitioner for treatment and mandated monthly reporting.
Interim custody transferred to petitioner; mandatory monthly production before Principal District Court, Kollam for medical assessment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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:
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 DTD. 26/8/07. |
DEATH CERTIFICATE OF MARY A TONY |
| EXT.P2 | TRUE COPY OF THE | DEATH CERTIFICATE OF JOSEPH DTD.17/2/06. |
| EXT.P3 | TRUE COPY OF THE THE PETITIONER B |
PETITION DTD. 17/10/2007 SUBMITTED BY EFORE THE RESPONDENTS 2 AND 3. |
| RESPONDENT | S'EXTS: | |
| EXT.R4A | TRUE COPY OF THE AT EDATHUA DATED |
PRESCRIPTION OF THE GOVT. HOSPITAL 11/6/2006. |
| EXT.R4B | TRUE COPY OF THE AT EDATHUA DTD. |
PRESCRIPTION OF THE GOVT. HOSPITAL 27/7/2006. |
| EXT.R4C | TRUE COPY OF THE AT EDATHUA DTD. |
PRESCRIPTION OF THE GOVT. HOSPITAL 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:
WP(CRL.) 273/2007
WP(CRL.) 273/2007 :3:
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.
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/-
1 issue framed by the court
Whether to grant custody of a mentally ill person (Swaraj) to the petitioner despite allegations of wealth-snatching by the respondent.
Babu Raj
Superintendent of Police, Alappuzha
Circle Inspector of Police, Kundara, Kollam
Sub Inspector of Police, Anchalomoodu, Kollam
Secretary, Sneha Bhavan, Alappuzha
Aleese
P.R. Raman
V.K. Mohanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
