CHINNADURAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Mr.T.Lenin Kumar, learned counsel for the State of Tamil Nadu (Criminal Side) takes notice on behalf of the respondents.

(2.) In the case in hand, the petitioner's brother, who suffered from paranoid schizophrenia, underwent trial in S.C.No.35 of 2016 for the alleged offence under Ss. 294(b), 324, 302 and 506(ii) of IPC. The trial Court, on ascertaining the mental status of the petitioner's brother, came to a conclusion that he is suffering from chronic mental health condition and hence, acquitted the petitioner's brother from all charges by judgment and order dtd. 28/9/2016. While acquitting the petitioner's brother, the trial Court directed him to be detained in the Central Prison until the State Government decides to deliver the accused to any of his friends or relatives.

(3.) The grievance expressed by the petitioner is that for the last ten years, the petitioner's brother continues to be inside the Prison, namely, Central Prison, Trichy. It is under these circumstances, the present Habeas Corpus Petition has been filed before this Court to set the detenu at liberty.