The main legal point established is that the absence of illegal detention or custody is crucial in determining the applicability of a Habeas Corpus Petition.

JUDGMENT

(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to direct the 2nd respondent police to produce the petitioner''s elder daughter XXXX aged about 26 years before this Court from the custody of the 3rd respondent and set her at liberty.)

M. Sundar, J.,

1. Captioned ''Habeas Corpus Petition'' (''HCP'' for the sake of brevity) has been filed by the mother of XXX (we are masking the name of the daughter of the petitioner and shall be referring to her as ''absentee'') saying that the absentee is missing and the petitioner has lodged a complaint with the second respondent police in this regard on 25.02.2023.

2. S. Vinoth Kumar, learned counsel for petitioner who is before us submits that the complaint given to the second respondent police by the petitioner has been registered as Crime No.20 of 2023 for ''woman missing''. Learned counsel submits that it is the apprehension of the petitioner that the absentee is in the illegal custody of the third respondent. To be noted third respondent is a natural person and a private individual.

3. R. Muniyapparaj, learned State Additional Public Prosecutor who accepts notice on behalf of respondents 1 and 2 (official respondents) submits on instructions that the aforementioned complaint was pursued and on preliminary investigation it comes to light that the absentee is married to third respondent. Learned State Additional Public Prosecutor submits that the marriage registration certificate has also been obtained and it comes to light that the marriage was solemnised on 23.02.2023.

4. We see from the averments of the petitioner that the absentee is a major and she is 26 years old.

5. In the light of the narrative thus far, we find that it is not a case of illegal detention or illegal custody and therefore a habeas corpus legal drill is not necessary. However, we hasten to make it clear that the second respondent police shall pursue the investigation and carry aforementioned Crime No.20 of 2023 dated 25.02.2023 to its logical end in accordance with law. Learned State Additional Public Prosecutor also submits that the second respondent would share the present address details of the absentee with the petitioner.

6. We make it clear that we have not expressed any opinion or view on the merits of the matter and the same is recorded only for the limited purpose of disposal of the captioned HCP. This also means that the rights and contentions of all the parties concerned more particularly third respondent who is before us stand preserved.

7. Sequitur is, captioned HCP is disposed of as closed.