SENTHIL ALIAS SENTHILKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) IN this Habeas Corpus Petition, the petitioner, now a lifer, in the Central Prison, Madurai, in view of Section 8 of the Tamil Nadu Borstal Schools Act, 1925, (for brevity "the Act"), seeks his release.

(2.) ACCORDING to Mr. R. Alagumani, learned counsel for the petitioner, on the date when the petitioner was convicted by the learned Additional Sessions Judge, (FTC III), Madurai, he was below 21 years. He is an adolescent offender within the meaning of Section 8 of the Act. In such circumstances, he cannot be sentenced to life and at the most, he can be detained in a Borstal School up to five years, but not beyond 23 years of his age. Giving the benefit of Section 8 of the Act, he can be released. In support of his submission, the learned counsel would cite a decision of the Full Bench of this Court in A. Thangammal v. State LNIND 2008 BMM 246 : (2008) 1 MLJ (Crl) 832 and would submit that this Court has got the power to give the benefit under the said Act.

(3.) THE learned Additional Sessions Judge directed all his sentences to run concurrently.