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Judgment
Anil K. Narendran, J.
The petitioner has filed this writ of habeas corpus seeking an order directing respondents 1 and 2 to produce the corpus of the alleged detenue, namely, Avani K.S., before this Court and release her from the illegal confinement of the 3rd respondent and their relatives and aids.
On 12.05.2023, when this writ petition came up for admission, the learned Government Pleader, on instructions from the official respondents, submitted that the official respondents have interacted with the alleged detenue, who has stated that she is not under illegal custody. After the said statement, this Court by order dated 12.05.2023 issued notice by special messenger to the 3rd respondent and he was directed to produce the alleged detenue before this Court on 16.05.2023. It is thus the alleged detenue is produced before this Court.
We have interacted with the alleged detenue.
The alleged detenue has categorically stated that she is not under illegal confinement of any person, including the 3rd respondent and their relatives.
From the interaction with the alleged detenue we are unable to find out a case of illegal confinement. The alleged detenue is major, aged 19 years, and she is capable of taking a decision of her own, fully aware of the consequences thereto. This Court, in the exercise of the extraordinary jurisdiction under Article 226 of the Constitution of India can issue a writ of habeas corpus only if it is shown that the alleged detenue is under illegal confinement. In the facts and circumstances of the case, we do not find any such illegal confinement.
In view of the above, we find absolutely no ground to issue a writ of habeas corpus in the exercise of extraordinary jurisdiction under Article 226 of the Constitution of India.
In the result, this writ petition fails and the same is, accordingly, dismissed.