IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 7607 of 2009 Between: Devarakonda Sandhya, D/o. late Sambaiah, D.No. 4-105, Near Elementary School, Seetharampuram, Epurapalem, Prakasam District. ..... PETITIONER AND 1 The Station House Officer, Crime Police Station, Prakasam District. 2 The Superintendent of Police, Prakasam District at Ongole. .....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 "Letter" dated NIL 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 mother viz., Devarakonda Nirmala and her sister, aged 3 years, before this Hon'ble Court, who were illegally detained on 01-04-2009 by the police, and apprehending danger to their lives and set them 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:LETTER Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following : HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No. 7607 OF 2009 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) Letter sent by the petitioner to the Hon’ble Chief Justice alleging that her mother by name Devarakonda Nirmala and her sister, aged about 3 years were illegally taken away by the respondent-police on 1.4.2009 and apprehending danger to their lives, has been taken up as a writ petition. On issuance of notice, Inspector of Police, Central Crime Station, Ongole, Prakasam District, 1st respondent herein filed an affidavit stating that Railway Police of Tadepalli, Krishna District effected the arrest of the alleged detenu on 5.4.2009 in connection with Crime NO.22/X-17/09 of Gudivada Railway Police OPT Dadepalli RPS registered for the offence under Sections 379 and 411 IPC and subsequently, she has been produced before the II Metropolitan Magistrate for Railways, Vijayawada for her remand. On such production, the learned Magistrate remanded her to judicial custody on 6.4.2009 and accordingly, she was lodged at District Jail, Vijayawada, but later, she was enlarged on regular bail on 15.4.2009. Inasmuch as a crime has been registered against the alleged detenu for the offences under Sections 379 and 411 IPC and that during the course of investigation, she was arrested and remanded to judicial custody, the question of her illegal detention does not arise. Accordingly, the writ petition is dismissed. No costs. _________________ (A. GOPAL REDDY, J.) _______________ (K.C. BHANU, J.) MAY 01, 2009 TSR