THE HON’BLE SRI JUSTICE A.GOPAL REDDY AND THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY WRIT PETITION No.22694 of 2007 Dated: 19.12.2007 Between: Katta Penchalamma ... PETITIONER AND 1. The Station House Officer, Podalakur Police Station, Nellore District and others. ...RESPONDENTS THE HON’BLE SRI JUSTICE A.GOPAL REDDY AND THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY WRIT PETITION No.22694 of 2007 ORDER (Per the Hon’ble Sri Justice A.Gopal Reddy): This writ petition is taken up on the basis of the telegram, dated 18.10.2007, sent by one Katta Penchalamma to the Hon’ble the Chief Justice alleging that her son namely Katta Harikrishna was illegally detained by the police; that the first respondent-Station House Officer, Podalakur beat the alleged detenu with black and blue; that the police are interfering with the civil disputes and foisting false case against the alleged detenu and the petitioner and in the process on 09.10.2007 at early hours the police took the alleged detenu and kept him in police station full day and warned him to face serious consequences if he will not handover the land and that since then the whereabouts of the alleged detenu are not known. In response to the notice issued, the Sub Inspector of Police, Podalakur Police Station filed an affidavit on 11.11.2007 and additional affidavit on 07.12.2007. The affidavit discloses that the petitioner so far has not lodged any complaint alleging illegal detention of her son and that on the basis of the telegram sent by her to this Court they have registered a case in Crime No.135 of 2007 under the Head of Man Missing on 04.11.2007 and on such registration of crime, the Investigating Officer examined the petitioner and 13 other witnesses and recorded their statements under Section 161 Cr.P.C. While the investigation is under progress, the alleged detenu filed anticipatory bail petition on the file of the Court of Session, at Nellore in Crl.M.P.No.1593 of 2007, which was posted to 12.11.2007 for consideration. In the additional affidavit it is stated that on 13.11.2007 the alleged detenu obtained anticipatory bail from the Special Judge for trial of offences under SCs&STs (POA) Act-cum-V Additional District and Sessions Judge, Nellore in Crl.M.P.No.1593 of 2007, wherein he was directed to be released on bail on condition of his executing a bond for Rs.10,000/- with two sureties for a like sum each to the satisfaction of the arresting authority. A copy of the order passed in the said Crl.M.P. is also enclosed along with the additional affidavit, which discloses that the alleged detenu is not in illegal detention and in fact anticipating his arrest, he moved the Court below and obtained bail. Therefore, we see no force in the allegation made by the petitioner in the telegram that the alleged detenu was illegally detained by the police. The writ petition is accordingly dismissed. ________________________ (A.Gopal Reddy, J) Date: 19.12.2007 ________________________ (G.V.Seethapathy, J) va