In Re Saji -

An Inmate of Mental Health Centre, Thrissur - Per Report Dated 30.4.2008

of The Member Secretary, Kerala State Legal Services Authority -

Sc No.698/05 -Fast Track Court-1, Thrissur

1. Heard Sri. Ramkumar Nambiar, learned Amicus Curiae and learned senior Government. Pleader Sri.T.G. Sunil.

2. Accused of having committed offences punishable under Ss.302 and 307 of the Indian Penal Code, the person, in relation to whom this order is being passed, was found to have committed that act, but was acquitted on the ground of unsoundness of mind. With such finding and judgment in terms of S.334 of the Code of Criminal Procedure, 1973, it was ordered that he be detained in safe custody in the Mental Health Centre, until ordered to be delivered to any relative or friend. Thereafter, his mother applied to the court below that he be delivered to her care and custody. That is refused on the ground that it having had issued an order for his detention in safe custody in the Mental Health Centre in terms of clause `a of sub-s.(1) of S.335, the court could not further issue an order under clause b of that sub-section that he be delivered to the care and custody of a relative or f