Important Points:
" The accused was admitted in the Mental Hospital and that he was suffering from Paranoid Schizophrenia did not deter the learned Sessions Judge from posting the case for trial. The procedure adopted by the learned Sessions Judge is illegal and in gross violation of the provisions of the Code. The learned Sessions Judge ought to have, in the first instance, tried the fact of such unsoundness and incapacity and he ought to have proceeded with the trial only if was satisfied that the accused is of sound mind and is capable of making his defence- should adopt the procedure prescribed in Section 329 of the Code.
" Any violation by a Court in not examining proper evidence for recording a finding as directed by Section 329 of the Code would clearly vitiate the trial, as an insane or mentally unsound accused cannot understand the trial and appreciate the evidence against him and answer the charge because of his mental incapacity. Any trial of an unsound person violating the above procedure is vitiated.

1. A mentally unsound man, said to be suffering from Paranoid Schizophrenia, is being tried for murder in the Court of the Additional Sessions Judge-V, Kollam. He has approached this Court through his mother raising a grievance that the court below is proceeding with the trial without trying the fact of unsoundness of mind and his incapacity to make a defence as contemplated under law. He seeks issuance of directions to the learned Sessions Judge to proceed under Chapter XXV of the Code of Criminal Procedure, 1973 (“the Code” for the sake of brevity) which provides for provisions governing the procedure of trial of cases where the accused is suffering from unsoundness of mind.

2. According to the petitioner, he is a person having a history of mental illness and is suffering from Schizophrenia as mentioned above. He was in judicial custody till his enlargement on bail on 1.9.2018. The petitioner was arrested on 20.8.2016 and on 18.8.2017, the case was posted for framing of charge. The learned counsel appearing for the petitioner, who entered appearance on that day, submitted before court that the petitioner herein has been suffering from Paranoid Schizophrenia for the past several years and he raised a plea of unsoundness of mind. It was also submitted that psychiatric treatment is being administered to him in the jail where the petitioner is undergoing incarceration. The court below directed the prison authorities to submit a medical report and the same was placed before court on 6.10.2017. The report which was dated 16.9.2017 revealed that the accused is suffering from Paranoid Schizophrenia and that he was not fit to stand trial. The case was adjourned and a fresh report was called for. In the subsequent report dated 6.12.2017, he was stated to be fit to stand trial.

3. On the strength of the said report, the court scheduled the case for trial and the witnesses were ordered to be summoned. However, on the day fixed for trial it was reported that the accused was admitted in the Mental Health Center at Thiruvananthapuram. The trial was stopped and later, on the basis of a fresh report received on 30.7.2018, the case was again scheduled for trial to 3.9.2018. On 3.9.2018, the learned counsel appearing for the petitioner filed Annexure-A1 petition stating that he is still suffering from unsoundness of mind and thus incapable of making his defence. However, the learned Sessions Judge relied on the report of the Superintendent of Mental Health Centre, Thiruvananthapuram and re-scheduled the case for trial to commence from 12.11.2018.

4. The report relied on by the learned Sessions Judge, which is produced as Annexure-4, reads as follows.

“I may inform the Hon'ble Court as superintendent of this hospital that IU examined Sri. Babu Valleriyan S/o. Valleriyan, Paluvila Veettil, St. Antonie Church South, Koivila Muri, Thevalakkara Village on 06/09/2018. I am of the opinion that he is suffering from Schizophrenia Paranoid. He is on medications. At present he is having sad mood, occasional auditory hallucination and delusion of persecution which are decreasing in intensity. He has no harmful behaviour at present. He understands the legal procedures against him. He wishes to appear in Court.

His treating doctor, Dr.Arif Annesh had submitted a report to the Hon'ble Court on 26/07/2018 that he is fit to stand trial (copy of the same report is attached)

After verifying the case records of the patient and examining the patient at present, I am of the opinion that he is fit to stand trial at present.

He needs regular outpatient psychiatric treatment. He is at risk of relapse of illness at present due to poor compliance to treatment and stressful life situation.”

5. When the Court below insisted that the trial should proceed on the basis of Annexure-4 report, the petitioner approached this Court with this petition seeking interference.

6. I have heard Sri.K.K.Dheerendra Krishnan, the learned counsel appearing for the petitioner and Sri.Suman Cha