IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 27407 of 2007 Between: Smt.B.Papulamma W/o.Rajanna Nayanivaripalle, Thavalam village Nimanapally Mandal, Chittoor District ..... PETITIONER AND 1 The Superintendent of police, Chittoor District 2 The Deputy Superintendent of Police,Madanapally Chittoor 3 The Sub Inspector of Police, Nimanapally P.S., Nimanapally Mandal, Chittoor district .....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 to issue a writ order or direction more particularly one in the nature of writ of Habeas corpus directing the respondents to produce the dtenue namely Bongala Mallaiah son of B.Rajanna before the concerned Judicial magistrate first Class or in alternative to set him at liberty and pass Counsel for the Petitioner: MR.A.VENKATA RAMAIAH Counsel for the Respondents: THE ADVOCATE GENERAL The Court at the stage of admission made the following : ORDER: (per Sri A. Gopal Reddy, J) The petitioner, mother of the alleged detenu Bongala Mallaiah, filed this writ of habeas corpus for production of her son before the concerned Judicial First Class Magistrate or in the alternative to set him at liberty forthwith. It is stated that on registering a case in Crime No. 158 (80) of 2007 against the alleged detenu and others, the alleged detenu was taken into custody by the 3rd respondent along with cash of Rs.4,000/- and since then he is in illegal detention. In response to notice, the 3rd respondent filed counter affidavit stating that Crime No. 80 of 2007 was registered for the offence under Sections 376 read with Section 511 IPC of Nimmanapally Police Station basing on a complaint lodged by one Smt. Bangaru Krishnamma. During the course of investigation, the alleged detenu who was accused No. 1 was taken into custody by him along with accused No. 2 Malleswari on 22-11-2007 and after complying with the formalities of arrest, they were being taken to II Additional District Munsifs Court, Madanapally on the same day by police escort, but on the way to the Court for being produced before the Magistrate, the alleged detenu who is accused No. 1 escaped from the custody of the escort and since then he is absconding. Accused No. 2 was remanded to judicial custody by the learned II Additional District Munsif on the same day and as per the remand order, she was lodged at Grade – II Sub-Jail, Chittoor and thereafter, she was enlarged on bail. The police are making all the efforts to apprehend the alleged detenu who is absconding and as and when he is apprehended, he will be produced before the concerned Magistrate. Learned counsel for the petitioner was absent yesterday and also today. Accepting the averments made in the counter affidavit, we close the writ petition directing the police to make all the efforts to apprehend the alleged detenu and produce him before the concerned Magistrate, with due intimation to the petitioner. A.GOPAL REDDY, J B.SESHASAYANA REDDY, J 04-03-2008 ks