V.I. THANKAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The challenge in this Crl.M.C. is to the order dtd. 20/7/2023 in C.C.No.33 of 2011 on the file of the Court of the Enquiry Commissioner and Special Judge, Thrissur.

(2.) The petitioner is the accused in the Calendar Case. He is alleged to have committed offence punishable under Sec. 13(1)(e) read with Sec. 13(2) of the Prevention of Corruption Act.

(3.) The petitioner, a 74-year-old man, was diagnosed with 'Alzheimer's Dementia' by the Consultant Neurologist at District Hospital, Palakkad. The counsel for the petitioner filed an application under Sec. 329 of the Code of Criminal Procedure (Cr.P.C.) on 14/2/2023 requesting the trial court to try the fact of mental incapacity of the petitioner/accused due to Alzheimer's Dementia, contending that he is incapable of making his defence. The learned Special Judge directed the petitioner to be present in Court and, on interaction, found that he was not suffering from any infirmity or unsoundness of mind. Nevertheless, on the insistence of his counsel, the Court directed the Superintendent of the District Hospital, Thrissur, to refer the accused to the Department of Neurology, observe him and issue a certificate about the soundness of his mind. Thereafter, the Doctors in the Department of Neuromedicine, Medical College, Thrissur, examined the petitioner and issued a certificate (Annexure-A3) stating that he is suffering from severe dementia, which may be due to multi-factorial causes and that since it is progressive, chances of a complete recovery is less. The doctor also pointed out that the mental status of the petitioner is to be assessed in detail by a psychiatrist, and the patient requires the help of a caretaker to take care of his daily pursuits.