1984 INSC 0294
                                                     C. Elumalai

                                                           Vs

                                                State of Tamil Nadu

                                    Writ Petition (Criminal) No. 981 of 1984

                                      (E. S. Venkataramiah, R. B. Misra JJ)

                                                      26.10.1984

                                                     JUDGMENT

VENKATARAMIAH, J. -

1. We have heard Shri Navin Malhotra, amicus curiae, and the learned Attorney-General for
the State of Tamil Nadu, In State of Andhra Pradesh v. Vallabhapuram Ravi ((1984) 4 SCC 410) this
Court has held that adolescent offenders kept in a Borstal School by virtue of orders made by the
State Government under Section 10-A of the Andhra Borstal Schools Act, 1925 cannot be detained
in the Borstal School or in any other place after they have attained 23 years of age and that they
should be released. The provisions of the Tamil Nadu Borstal Schools Act, 1925 are identical with
he provisions of the Andhra Borstal Schools Act, 1925. In the judgment referred to above the
decision of the Madras High Court in In re Ganapati (1983 Cri LJ 509 : 1982 Mad LW (Cri) 217)
which had taken the view that after Section 433-A of the Code of Criminal Procedure, 1973 came
into force a person who was convicted of an offence punishable under Section 302 of Indian Penal
Code but sentenced to imprisonment for life and who was by virtue of an order passed under
Section 10-A of the Tamil Nadu Borstal Schools Act, 1925 detained in a Borstal Schools could not
be released before he completed 14 years of detention has also been overruled. In the circumstances
it has to be held that the State Government of Tamil Nadu cannot keep any adolescent offender who
is convicted of a capital offences but sentenced to imprisonment for life in respect of whom an order
is made under Section 10-A of the Tamil Nadu Borstal Schools Act in a Borstal School or in any
other kind of detention after he has attained 23 years of age. We, therefore, direct the Government
of the State of Tamil Nadu to release all such inmates of the Borstal Schools in Tamil Nadu who
have attained 23 years of age forthwith.

2. If the petitioner C. Elumalai satisfies the above condition he is also entitled to be released and if
he is not in detention he shall not be taken back into custody. The writ petition is accordingly
allowed.

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