THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY WRIT PETITION No.22959 of 2009 Date: 04.11.2009 Between : Manikalal … Petitioner And The Superintendent of Police, Government Railway Police (GRP), Secunderabad Railway Station, Secunderabad, A.P. State and others. … Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY WRIT PETITION No.22959 of 2009 ORAL ORDER: (per the Hon’ble Sri Justice D.S.R.Varma) Heard Sri A.G. Seetharam, learned counsel appearing for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is filed by the petitioner seeking production of the alleged detenus viz., (1) Sri Indaram, s/o. Jogaramji, aged 32 years, Noukar Pawn Brokers, Subash Road, Cheriyal, Warangal District, and (2) Sri Jetaram, s/o. Hanumanramji, aged 30 years, Sri Vijayalakshmi Pawn Brokers, Laxmi Road, Near Police Station, Cheriyal, Warangal District, who are in the illegal custody of respondent Nos.2 and 3 from 20.10.2009 before this Court and set them at liberty, forthwith. 3. It is the grievance of the petitioner in this writ petition that the alleged detenus were forcibly taken away by the Government Railway Police (GRP), Kazipet Railway Station, Warangal District, and kept them in their illegal custody. 4. A counter affidavit has been filed by the second respondent-Circle Inspector of Police, Government Railway Police (GRP), Kazipet Railway Station, Warangal District, stating inter alia that the alleged detenus are Accused Nos.3 and 4 in Crime No.265 of 2009, which is re-registered for the offence punishable under Section 379 I.P.C., by the Railway Police, Warangal, on 26.10.2009, after adding Section 411 I.P.C., to the existing section of law. It is also stated that the alleged detenus were arrested by the Railway Police, Warangal, on the same day i.e., on 26.10.2009 in connection with the above said crime and produced before the learned Special Judicial Second Class Magistrate for Railways, Kazipet on 26.10.2009, who inturn remanded them to judicial custody. Pursuant to the said order of remand by the learned Magistrate, the alleged detenus were lodged at Central Prison, Warangal. It appears that subsequently after filing of the counter affidavit, the alleged detenus were enlarged on bail. 5. In view of the fact that the alleged detenus were arrested and released on bail, the question of issuing Writ of Habeas Corpus does not arise. There are no merits in the writ petition and the same is liable to be dismissed. 6. Accordingly, the writ petition is dismissed, at the stage of admission. There shall be no order as to costs. ________________________ JUSTICE D.S.R.VARMA _____________________________ JUSTICE G.V.SEETHAPATHY 04.11.2009 Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY WRIT PETITION No.22959 of 2009 04.11.2009 (Msr)