IN RE: AVAYAMBAL Vs. STATE

JUDGEMENT

(1.) THIS it a petition filed under S. 335(3), Crl. P.C. praying this Court to direct the delivery of the accused in C.A. No, 666 of 1978 to his mother, the petitioner herein, on such terms and conditions as this Court may deem fit. In the judgment rendered by us on 3rd August, 1979 in C.A. No. 666 of 1978, we have stated : -

(2.) There is also power for the State Government under S. 339, Crl. P.C. to pass similar orders. Inasmuch as the petitioner has invoked the jurisdiction of this Court under S. 335(3), Crl. P.C. we have to consider the request made by the mother of the appellant in C.A. No. 666 of 1978. The petitioner is no other than the mother of the appellant and she has also been appointed, as per her averment, as the guardian of the Lunatic's property in O.P. No. 11 of 1978 under the provisions of the Indian Lunancy Act. She has averred in paragraph 5 of her affidavit in support of this petition that when she visited the hospital to see her son, the appellant in the above appeal, she: found his physical condition has deteriorated and as such the custody of the appellant may be given to her.

(3.) TAKING into consideration S. 335(3), Crl. P.C. and also the fact that the mother, who has also been appointed as the property guardian of the appellant is praying to have the custody of the appellant herein, we are inclined to hand over the custody of the appellant in C.A. No. 666 of 1978 to the petitioner herein. In these circumstances1, the custody of the appellant in C.A. No. 666 of 1978, who is now undergoing treatment in. the mental hospital at Kilpauk, Madras, may be given to the petitioner, i.e., the mother of the appellant, on her executing the necessary security bond as provided in S. 335(3) (a) and (b), Crl. P.C. to the satisfaction of the IV Metropolitan Magistrate, Saidapet', Madras.