IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT PETITION NO : 10852 of 2009 Between: Vellala Jyothi, W/o. Vellala Ramulu, Proddatur, Kadapa District. ..... PETITIONER AND 1 The Station House Officer, I Town, Proddatur, Kadapa District. 2 The Superintendent of Police, Kadapa. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to For the reasons stated in the "Telegram" dated 30-05-2009 sent by the Petitioner herein, this Hon'ble Court may be pleased to issue an Order, direction, or a Writ, more particularly one in the nature of Writ of Habeas Corpus directing the Respondents herein to produce the Petitioner's husband viz. Vellala Ramesh, before this Hon'ble Court, who is illegally detained by C.I. of I Town, viz., N. Ravi Kumar Reddy and constables Viz., Seenu and Ramana Reddy on Wednesday i.e. 27-05- 2009 at about 07.30 P.M. and apprehending danger to his life and set him at liberty forthwith and to pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:TELEGRAM Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO TAKEN UP WRIT PETITION No.10852 of 2009 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is initiated at the instance of the petitioner’s telegram, dated 30.05.2009, wherein it is alleged that the husband of the petitioner viz., Vellala Ramesh was illegally detained by the Circle Inspector of Police and Constables of I Town Police Station, Proddatur, Kadapa District on 27.5.2009, that she is apprehending danger to his life and set him at liberty. 3. A counter affidavit has been filed by the Circle Inspector of Police, Proddatur I Town Police Station, Kadapa District, representing the first respondent herein, stating inter alia that the alleged detenu was arrested on 3.6.2009 at Power House road, Proddatur, along with others while playing Matka chits and a case was registered as Crime No.70 of 2009 for the offence punishable under Section 9 (1) of A.P. Gaming Act (Matka) of Proddatur I Town Police Station. After complying with the formalities, the alleged detenu was produced before the II Additional Judicial First Class Magistrate, Proddatur, Kadapa District, on 4.6.2009, who inturn remanded him to judicial custody and pursuant to the said order of remand of the learned Magistrate, the alleged detenu was lodged at Sub-Jail, Proddatur. However, subsequently on 6.6.2009 the alleged detenu was enlarged on bail. 4. In view of the categorical statement made by the first respondent in the counter affidavit, since the custody of the alleged detenu is in accordance with law and was released on bail, the question of issuing Writ of Habeas Corpus does not arise. 5. For the foregoing, 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. However, there shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _________________________ JUSTICE R.KANTHA RAO 18-06-2009 Msr. THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO TAKEN UP WRIT PETITION No.10852 of 2009 18-06-2009 (Msr)