The court upheld the dismissal of the habeas corpus petition as the detenue was not found to be in illegal detention.

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA H.C.P.(MD)No.1167 of 2025 N.Karthick ... Petitioner -vs-

1. The Superintendent of Police Karur District Tamil Nadu

2. The Inspector of Police Thanthonimalai Police Station(Sub Division)

Pasupathipalayam Police Station Karur District Tamil Nadu

3. Velan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the body or person of the detenue namely 1)the petitioner's wife/detenue named Vijaya, D/o.Poncholli aged about 30 years before this Court and set her at liberty and 2) the petitioner's daughter/minor detenue named Nishanthini(minor) D/o.N.Karthick aged about seven years before this Court and hand over the minor detenue at the hand of the petitioner.

(Amended as per the order of this Court dated 14.10.2025 in Crl.M.P(MD)No.14491 of 2025)

For Petitioner : Mr.K. Kharikharadas For R1 and R2 : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

(Order of the Court was made by G.K.ILANTHIRAIYAN, J.

This Habeus Corpus Petition has been filed to direct the respondents 1 and 2 to produce the body or person of the detenue namely 1)the petitioner's wife/detenue named Vijaya, D/o.Poncholli aged about 30 years before this Court and set her at liberty and 2) the petitioner's daughter/minor detenue named Nishanthini(minor) D/o.N.Karthick aged about seven years before this Court and hand over the minor detenue at the hand of the petitioner.

2. The petitioner is the husband of the detenue. He got married the detenue and gave birth to a child. While being so, the detenue left the matrimonial home and went along with the child on 20.07.2027. Therefore on 21.07.2025 the petitioner lodged complaint before the second respondent and the same has been registered in Crime No. 244 of 2025 under Woman missing and girl missing. On investigation the second respondent found that the detenue eloped with the third respondent and their whereabouts are not known. Hence the detenue is not under illegal detention of any one.

3. In view of the above the second respondent is directed to complete the investigation in Crime No. 244 of 2025 within a period of twelve weeks from the date of receipt of a copy of this order.

4. With the above direction, the Habeus Corpus Petition stands disposed of.