A habeas corpus petition is not maintainable when the person is not in illegal detention.

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

The petitioner has filed this habeas corpus petition seeking a direction to the respondents 1 & 2 to secure her daughter, namely, Mugitha, aged about 20 years, produce her before this Court and set her at liberty.

2. The petitioner herein is the mother of the detenue. The petitioner lodged a complaint before the respondent – Police alleging that her daughter Mugitha is found missing from 02.05.2026 onwards. On receipt of the said complaint, the respondent – Police registered a case in Crime No.276 of 2026 under “Woman Missing” and it is pending for investigation. While pending investigation, the petitioner has filed this habeas corpus petition.

3. Learned Additional Public Prosecutor appearing for the respondents 1 & 2, on instructions, submitted that the detenue herself on her own volition has appeared before the second respondent and she is not in illegal detention on the hands of the third respondent.

4. In view of the above submission, this Court is of the view that the detenue is not in illegal detention of the third respondent and hence, this habeas corpus petition is not maintainable.

5. Accordingly, this habeas corpus petition is dismissed.

However, the second respondent is directed to complete the investigation in Crime No.276 of 2026 and file the final report before the jurisdictional Court in accordance with law.