Habeas corpus is not maintainable where the detenu is not shown to be 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 to secure her husband, namely, Nandhakumar, aged about 31 years, produce him before this Court and set him at liberty.

2. The petitioner herein is the wife of the detenu. The petitioner herein lodged a complaint before the respondent – Police alleging that her husband is found missing from 27.04.2026. On receipt of the said complaint, the respondent – Police registered a case in Crime No.56 of 2026 under Man Missing and it is pending for investigation. While pending investigation, the petitioner has filed this habeas corpus petition.

3. Learned Additional Public Prosecution appearing for the respondents, on instructions, submitted that the petitioner's husband eloped with one Veerammal and now, they are settled in Andhra Pradesh. Therefore, the petitioner is not in illegal detention of anybody.

4. In view of the above submission of the learned Additional Public Prosecutor, this Court is of the view that the detenu is not in illegal detention of anybody. Hence, this habeas corpus petition is not maintainable.

5. Accordingly, this habeas corpus petition is dismissed.