1. This is a reference made by the Sessions Judge, Palghat, under S.395 (2) of the Code of Criminal Procedure, for quashing the order of committal of the accused in P. E. Case No. 1/77 passed by the Judicial Magistrate of First Class, Pattambi. The question referred for consideration relates to the interpretation of S.208, 209 and 328 of the Code of Criminal Procedure and is whether an accused person, a lunatic who is incapable of defending himself, can be straigh-away committed to the Court of Session for trial.

2. I shall now state a few facts necessary for the disposal of the case. In connection with the murder of his step-mother by cutting her with a chopper at about 12 noon on February 27,1977, Velayudhan, the accused, was arrested and taken into custody and on the next day he was produced before the Magistrate and was remanded to the Sub Jail, Ottappalam. In the meanwhile the Superintendent of the Sub Jail, informed the court that the Jail doctors, on examining the accused, found that he was mentally ill Thereafter he was sent to the Superintendent, Mental Hospital, Calicut with a "reception order" and the doctor, after examination, issued a certificate stating tha