CHELLAIAH Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal is by the juvenile accused who is said to have committed murder and other offences along with his father and was charged under Sec. 302 read with Sec. 34, I.P.C. and Sec.341 read with Sec.34, I.P.C., and has been found guilty by the Sessions Court, Tiruchirapalli of both the charges, and convicted accordingly. As regards the sentence he has been ordered to be detained in the Senior Approved School at Thattapparai for a period of four years for the offence under Sec.302 read with Sec. 34 of the Indian Penal Code. As regards the offence under Sec.341 read with Sec.34 no separate sentence is awarded. As against this the appeal has been filed.

(2.) NOW, admittedly, the accused has attained the age of 24 years. As per Sec.24 of the Tamil Nadu Children Act, no juvenile accused can be detained in ah approved school beyond the time when he attains the age of 21 years. NOW the period of detention ordered by the court below also by over and the accused has been, throughout on bail. In these circumstances, no question of the accused being detained in the approved school arises. The learned counsel appearing for the juvenile accused submits that in this position it may be ordered that the accused need not surrender to be detained in any approved school. No other argument was advanced.