A JAYA Vs. STATE

JUDGEMENT

(1.) THE petitioner, the mother of the detenu, has preferred this Habeas Corpus Petition, alleging that the detention of the detenu-Parasuraman @ Dori Kannan, is illegal.

(2.) ACCORDING to the petitioner, the detenu was born on 5.5.1987 and on the date of commission of offence, he was only 19 years old. The detenu being adolescent offender at the time of commission of the offence, should have been kept in Borstal School till he attains the age of 23 years, but the learned Judicial Magistrate No,2, Kancheepuram, remanded the detenu to judicial custody and detained him at Central Prison, which is illegal.

(3.) UNDER Section 8 of the Tamil Nadu Borstal Schools Act, the Court which passes the sentence of detention, is empowered to pass such sentence of detention in Borstal Schools and under the said provision, when it appears to a Court having jurisdiction under the Act that an adolescent offender should, by reason of his criminal habits or tendencies, or association with the persons of bad character, be subjected to detention for such term and under such instruction and discipline as it appears most conducive to his reformation and the repression of time, in lieu of passing a sentence of imprisonment, the Court may pass a sentence of detention in a Borstal School for a term which shall not be less than two years and shall not exceed five years and in no case, such term can extend beyond the date on which the adolescent offender will attain the age of 23 years. For passing such order, a report is required to be called for from the Probationary Officer of such area in which the offender permanently resides at the time when he committed the offence and shall consider any other report or representation as may be preferred.