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 sev