A CHINNAPONNU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The Petitioner is the mother of the convict prisoner Velu @ Velmurugan (convict No. 79319) son of Annamalai, who is now under detention in Central Prison, Coimbatore on having been convicted by the trial court (III Additional Sessions Judge, Salem) for the offences under Sections 147 IPC, 302 r/w 149 IPC and 323 IPC (2 counts) and the conviction and sentence having been confirmed by this Court in an appeal preferred against the judgment of the trial court.

(2.) The present Habeas Corpus Petition has been filed seeking a direction in the nature of writ of habeas corpus directing the production of the above said detenu Velu @ Velmurugan before this Court and pass an order setting him at liberty on the premise that the said convict is entitled to the benefits of the Juvenile Justice (Care and Protection of Children) Act, 2000 as amended by Act 33 of 2006, since on the date of occurrence he had not completed the age of 18 years.

(3.) The detenu concerned in this HCP, namely Velu @ Velmurugan figured as the 5th accused in Sessions Case No. 6/1999 on the file of the III Additional Sessions Judge, Salem. Along with him four other persons were also prosecuted in the said sessions case. After trial, the trial court found the detenu, who figured as the 5th accused in the said case, guilty of the offences punishable under Sections 147, 302 r/w 149 and 323 (2 counts) IPC and sentenced him to undergo rigorous imprisonment for a period of six months for the offence under Section 147 IPC, life imprisonment for the offence under Section 302 r/w 149 IPC and rigorous imprisonment for six months in respect of each count of the offence under Section 323 IPC. Challenging the conviction and sentence, an appeal was preferred by all the accused in Crl.A. No. 785/2001 on the file of this Court. After hearing, this Court (Division Bench) dismissed the appeal in toto and confirmed the conviction and sentence as per the judgment of the trial court. The said judgment of this Court was pronounced on 01.09.2005. Pursuant to the dismissal of the said appeal, all the accused including the detenu concerned in this HCP surrendered on 04.10.2005 before the learned I Additional Sessions Judge, Salem and were sent to the prison for undergoing sentence. Prior to the said date, he was in confinement in two spells, first one as remand prisoner between 31.03.1996 to 11.05.1996 and the second one as a convict after the pronouncement of the judgment of the trial court between 21.06.2001 to 11.09.2001.