Kerala High Court
Jithin James vs State Of Kerala on 26 September, 2025
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
2025:KER:72018
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE JOBIN SEBASTIAN
FRIDAY, THE 26TH DAY OF SEPTEMBER 2025/4TH ASWINA, 1947
W.P(C).NO.35906 OF 2025
PETITIONER(S):
JITHIN JAMES
AGED 32 YEARS
S/O. JAMES AUGUSTINE AKKANATH, AKKANATH HOUSE,
NEDUNGAD, NAYARAMBALAM.P.O., NOW TEMPORARILY
RESIDING AT BYJUS HOSTEL OPP: PAVAKULAM TEMPLE,
KALOOR, ERNAKULAM, PIN: 682 017, PH: 96 33 99 50 60,
GMAIL:[email protected], PIN - 682509
BY SRI.JITHIN JAMES (PARTY-IN-PERSON)
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA,
KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 SHEENA MATHACHAN
AKKANATH HOUSE, NEDUNGAD, NAYARAMBALAM P.O, PIN - 682509
3 DISTRICT POLICE OFFICE
ERNAKULAM RURAL, MAIL ID: [email protected],
PIN - 683101
4 VIGILANCE ANTI CORRUPTION BUREAU
VACB CENTRAL RANGE, ERNAKUALM THROUGH MAIL ID :
[email protected], PIN - 682017
5 KAAPA ADVISORY BOARD
'SREENIVAS' PADAM ROAD, ELAMAKKARA P.O. KOCHI
KINDLY INFORM THROUGH MAIL ID: [email protected],
PIN - 682026
W.P.(C).No.35906/25 :: 2 ::
2025:KER:72018
BY SRI.K.A.ANAS, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.35906/25 :: 3 ::
2025:KER:72018
JUDGMENT
Dr. A.K. Jayasankaran Nambiar, J.
This writ petition, filed by the petitioner who has been appearing
in person before us, is premised on a suspicion entertained by the
petitioner that steps are afoot to detain him under the preventive
detention laws of the State.
2. When the matter came for admission before us, and on hearing
the submissions of the petitioner, we had a doubt with regard to his
intellectual abilities, and therefore, referred him to a Clinical
Psychologist attached to the Victim Rights Centre, functioning under the
auspices of the Kerala State Legal Services Authority [KeLSA]. A
preliminary assessment of the petitioner by the said Psychologist
suggested that his was a case of schizophrenia. This aspect became
further clear when the Public Prosecutor, who had taken instructions
from the Government in the meanwhile, reported that no proceedings
were outstanding against the petitioner.
3. While the above would have sufficed to dismiss the writ
petition as devoid of merit, we felt it desirable to do so only after
ensuring that the petitioner receives medical assistance for his
condition. We therefore asked the petitioner to appear before us once
W.P.(C).No.35906/25 :: 4 ::
2025:KER:72018
again with his father on the next date of posting of the case which was
adjourned to 11.09.2025 for that purpose. On the said day, after
interacting with the petitioner and his father, we managed to convince
the petitioner to seek medical assistance for his condition. We also
requested Adv.Smt.Parvathi Menon A., who is known for her pro bono
work for the lesser privileged persons in society and also for playing an
active role in the functioning of the Victim Rights Centre, to try and get
the petitioner referred to the Psychiatry Department of the Government
Medical College Hospital, Ernakulam, for treatment.
4. We are happy to note that on account of the efforts of
Adv.Smt.Parvathi Menon A., the petitioner was able to receive treatment
at the aforementioned Hospital and is making steady progress with
regard to his medical condition. The report of the said Hospital on the
mental condition of the petitioner concludes by stating as follows:
"Sri Jithin James was observed in our ward and serial mental status
examination was done. On mental status examination, Sri Jithin James was
conscious, oriented and cooperative for all sessions. He was answering
questions and his psychomotor activity was adequate. He is having delusion of
persecution and bizarre delusion. He is having 3rd person Auditory Hallucination.
He is having average intelligence and Grade I insight.
Sri Jithin James was evaluated by Clinical Psychologist. The following
Diagnostic Psychometry tests were done. Million Clinical Multiaxial Inventory --
III (MCMI-III), Positive and Negative Syndrome Scale (PANSS) and Human
Figure Drawing Test (HFDT).
With the available history, previous medical records, serial mental
status examination findings and clinical psychology evaluation, Sri Jithin James
is suffering from a psychotic disorder- Schizophrenia. The diagnosis and need
for continued medications were discussed with Sri Jithin James and his father.
He was psycho educated regarding the prognosis and risks if medications are
not taken. Sri Jithin James agreed to start on medications and anti-psychotic
medication is initiated.
He needs supervised medications, long time regular follow up and
continuous psychosocial support."
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2025:KER:72018
During an interaction with the petitioner today, he assured us that
he will follow up on his medications and seek continuous psychosocial
support as advised by the doctors. We therefore close this writ petition
as infructuous, and wish the petitioner the very best in his future
endeavours.
Sd/-
DR. A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
JOBIN SEBASTIAN
JUDGE
prp/26/9/25
W.P.(C).No.35906/25 :: 6 ::
2025:KER:72018
APPENDIX OF W.P(C).NO.35906/2025
PETITIONER'S EXHIBITS:
Exhibit-P1. GRIEVANCE ON CP GRAMS PORTAL, BY REQUESTING
FREE LEGAL AID TO POOR (NALSA).
Exhibit-P2 TRUE COPY OF THE REQUEST TO TAKE THE STATEMENT
OF ADV. JERRY SEBASTIAN TR IN FRONT OF JUDGE
WITHOUT MY INVOLVEMENT AND WITHOUT MY PRESENCE.
Exhibit-P3 TRUE COPY OF THE PASSPORT.
Exhibit P4 TRUE COPY OF PETITION AND MALPRACTICE DONE BY
SUED PARTIES.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
