C.Mekala v. The Secretary To Govt. Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2016

CORAM

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE P.N.PRAKASH HABEAS CORPUS PETITION NO.3205 OF 2015 C.Mekala .... Petitioner Vs.

1.The Secretary to Government of Tamil Nadu Home Department Fort St.George, Secretariat Chennai 600 009.

2.The Additional Director General of Police (Prison) Thalamuthu Natarajan Building Gandhi Erwin Road Egmore, Chennai 600 008.

3.The Superintendent of Prison Central Prison, Coimbatore.

4.Inspector of Police Ammapettai Police Station Salem District (Crime No.521 of 1994) .... Respondents PETITION under Section 226 of The Constitution of India praying for the issuance of Writ of Habeas Corpus directing the respondents herein to produce the body of the petitioner's brother Ravikumar, S/o M.Ramu (Conviction No.74003) aged 41 years, now confined in 3rd respondent prison in connection with the judgment passed in C.A.No.999/1997, dated 11.11.2002 on the file of this Court.

For Petitioner : Mr.T.Muruganantham For Respondents : Mr.A.N.Thambidurai Addl. Public Prosecutor

O R D E R

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner's brother Ravikumar, S/o M.Ramu has been convicted for offences under Sections 449, 393 r/w 398, 326 and 307 IPC and the maximum sentence imposed upon him is imprisonment for life.

2. Now the petitioner has come up with this petition alleging, that Ravikumar was not given the benefit of Borstal School Act. In our considered view, under Section 8 of the Act, it is the discretion of the trial Court to either sentence him to imprisonment or in lieu of the same, order him to be detained in Borstal School. This being the discretion, we do not find any reason to find fault with the decision of the trial Court in this case. Accordingly, this Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To 1.The Secretary to Government of Tamil Nadu Home Department Fort St.George, Secretariat Chennai 600 009.

2.The Additional Director General of Police (Prison) Thalamuthu Natarajan Building Gandhi Erwin Road Egmore, Chennai 600 008.

3.The Superintendent of Prison Central Prison, Coimbatore.

4.Inspector of Police Ammapettai Police Station Salem District 5.The Public Prosecutor, High Court, Madras.

H.C.P.No.3205 of 2015 rsy(CO) srg(18/02/2016)