A Habeas Corpus petition cannot be maintained when the alleged detenue is residing voluntarily at a location of their own choice and is not subject to illegal confinement by the respondents.

(Order of the Court was made by N. ANAND VENKATESH,J.)

This Habeas Corpus Petition has been filed for a direction to respondent Nos.1 to 3 to produce the body or person of the detenue, who is the sister of the petitioner and to set her at liberty.

2. Heard the learned counsel on either side.

3. The petitioner is the brother of the detenue. The grievance of the petitioner is that the detenue is under the illegal custody of the fourth respondent. The complaint given in this regard did not evoke any response and hence, the present petition has been filed before this Court.

4. The learned counsel for State of Tamil Nadu (Criminal Side) for the respondents on instructions submitted that the detenue is not under the illegal custody of the fourth respondent and that after the demise of the husband of the detenue, she is presently living at Sai Nandhanam Old Age Home at Trichirappalli. To substantiate the said submission, the learned counsel for State of Tamil Nadu (Criminal Side) also produced the written instructions from the concerned Old Age Home given by the Managing Trustee.

5. In the light of the above development, except recording the submission made by the learned counsel for State of Tamil Nadu (Criminal Side), no further orders can be passed in this petition.

6. This Habeas Corpus Petition stands disposed of in the above terms.