R. Subbiah, J.

The petitioner is the brother of the detenu, namely, R. Kumaran, who is now confined at Central Prison, Cuddalore, pursuant to the order of conviction dated 18.04.2000 in S.C.No.178 of 1998 passed by the learned Additional Sessions Judge, Villupuram sentencing the detenu to undergo life imprisonment for an offence punishable under Section 302 read with Section 34 IPC and also to pay a fine of Rs.5,000/-, in default to undergo rigorous imprisonment for six months, which was confirmed by this Court in Criminal Appeal No.373 of 2000 on 12.08.2005.

2. The petitioner has come forward with this habeas corpus petition seeking for a direction to transfer the detenu Kumaran from Central Prison, Cuddalore to Borstel School, Pudukottai, stating that on the date of commission of the offence, namely, 18.01.1996, he was only 16 years old. Since the detenu is an adolescent offender on the date of his conviction for the offence, he is entitled to get relief under the Borstel School Act. Hence, the detention of the detenu Kumaran in the hands of the 2nd respondent is unjust, illegal and violative of Article 21 of the Constitution of India.

3. Heard the learned counsel for th