Prabha Sridevan, J.

1. The petitioner in H.C.P. MD. 596 of 2007 is the mother of 24 year old Thangapandi. According to her, her son was born on 10-05-1983. He was one of the accused in S.C. No.309 of 2002 wherein three persons were found guilty under Section 302 IPC r/w. 34 IPC and were sentenced to undergo imprisonment for life. At that time, the Fast Track Court viz., the Trial Court was not appraised of the fact that the petitioner is an "adolescent offender" as defined under the Tamil Nadu Borstal Schools Act, 1925. Against the sentence imposed, Crl. Appeal No.754 of 2003 was filed. Even before the Division Bench, this point was not urged and the criminal appeal was dismissed on 23-02-2007. Thereafter, the above H.C.P. was filed on the ground that the petitioners son Thangapandi was 18 years 5 months and 12 days old as on the date of occurrence and 19 years 10 months and 18 days on the date of conviction, which is 28-03-2003 and therefore, he was entitled to invoke the relevant provisions of the Tamil Nadu Borstal Schools Act, 1925 and therefore, his continued detention was per se illegal. When this point was urged, it was found that there was a conflict with regard