Case Note & Summary
The petitioner, wife of one Ganesan, approached the Madurai Bench of Madras High Court under Article 226 of the Constitution seeking a writ of habeas corpus to produce her husband and set him at liberty, alleging he had been missing since 30.01.2025 and that she had lodged a representation with the Vadipatti police on 09.02.2025. She contended that her husband, a driver by profession, was in illegal custody. Upon hearing the case, the Additional Public Prosecutor appearing for the respondents informed the Court that the detenu, Ganesan, was arrested by the Alanganallur Police Station on 11.02.2025 in connection with Crime No.251 of 2024 for alleged offences under Sections 454 (house-breaking) and 380 (theft) of the Indian Penal Code, and had been remanded to judicial custody by a competent court. Thus, the detenu was not in illegal detention but in lawful judicial custody. The Court, comprising Dr. Justice G. Jayachandran and Ms. Justice R. Poornima, held that a habeas corpus petition is not maintainable when the person concerned is in judicial custody pursuant to a valid arrest and remand for a criminal case. The well-settled principle that habeas corpus lies only to challenge illegal detention was applied. Consequently, the petition was dismissed. The decision favoured the respondents as the allegation of illegal detention was disproved, and the detenu was found to be in lawful custody.
Headnote
A) Habeas Corpus - Illegal Detention - Article 226, Constitution of India - The wife alleged her husband, a driver, was missing since 30.01.2025 and filed representation to police on 09.02.2025; she sought production and release - The Additional Public Prosecutor informed that the husband was arrested and remanded to judicial custody on 11.02.2025 in Crime No.251/2024 for offences under Sections 454 and 380 IPC - The Court held that since the detenu is in lawful judicial custody and not illegal detention, the habeas corpus petition is not maintainable - Petition dismissed (Paras 4-5).
Issue of Consideration
Whether a habeas corpus petition can be maintained when the alleged detenu is not in illegal custody but has been remanded to judicial custody in connection with a criminal case.
Final Decision
The Habeas Corpus Petition is dismissed as the detenu is in judicial custody and not in illegal custody.
Law Points
- Habeas corpus not maintainable when detention is legal judicial custody
- illegal detention is prerequisite for habeas corpus
- person remanded by competent authority in criminal case is in lawful custody
