P.K. Misra, J.

This matter was referred to a larger Bench to resolve the conflict between the Division Bench decisions of this Court.

2. The conflicting decisions in question are 1995-2-L.W.(Crl.) 690(2) (KALAVATHY, ETC. v. STATE OF TAMIL NADU & OTHERS), hereinafter referred to as Kalavathys case, and 2003-1-L.W.(Crl.) 352 (YOGESWARI v. THE STATE OF TAMIL NADU, REP. BY ITS SECRETARY TO GOVT., PUBLIC (SC) DEPARTMENT, CHENNAI AND ANOTHER), hereinafter referred to as Yogeswaris case). In a later unreported decision of the Division Bench in HCP.No.1038 of 2003 (PREMAVATHY @ RAJATHI v. STATE OF TAMIL NADU) dated 111. 2003, the Division Bench without referring the matter to a larger Bench, followed Kalavathys case and observed that Yogeswaris case was not correctly decided as it had not noticed the fact that the ratio of Kalavathys case had received the imprimatur of the Supreme Court.

3. The contentions raised by the counsel for the petitioner and by Mr.B. Kumar, Senior Counsel, who has been appointed as Amicus Curiae, are to the following effect :-

.(1) The Special Camp established by the State Government was previously a Sub Jail at Chengelpat and even though it is now d