THE HON’BLE SRI JUSTICE A. GOPAL REDDY AND THE HON’BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No. 17601 OF 2011 Date: 29-06-2011 Between K.S. Muthuramalingam …..Petitioner And Government of A.P., rep., by its Home Secretary, Department of Home, Hyderabad and two others …..Respondents THE HON’BLE SRI JUSTICE A. GOPAL REDDY AND THE HON’BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No. 17601 OF 2011 ORDER: The petitioner, in this application, filed for issuance of writ of habeas corpus seeks release of his son Sundar @ Raja alleging to be in illegal detention of the Superintendent, Sub-Jail, Nandyal, the 2nd respondent herein. It is stated that the alleged detenu obtained bail on 10-06-2010 from the learned Principal Sessions Judge of Coimbatore while he was in Central Prison, Coimbatore and since he was not released despite the same, he also approached the High Court of Chennai by way of habeas corpus petition in H.C.P No. 1151 of 2010 which was allowed on 01-07-2010. According to the petitioner, in spite of the same, he was not released but was shifted to Sub-Jail, Nandyal in execution of PT warrant and that he had also obtained bail from the Nandyal Court. The 2nd respondent filed counter, wherein it is clearly stated that the alleged detenu is accused in Crime No.16 of 2010 vide C.C No. 46 of 2011 and Crime No.89 of 2010 vide C.C No. 45 of 2011 of III Town Police Station, Nandyal and was absconding. On coming to know that he is in judicial custody at Central Prison pursuant to the remand order passed by the Additional Civil Judge (Junior Division) and III Additional Judicial Magistrate of First Class, Bijapur of Karnataka State in C.C Nos.2386 of 2009 and 144 of 2010, the Nandyal police filed PT warrant and brought him to the State of Andhra Pradesh and was remanded to judicial custody and lodged at Sub-Jail, Nandyal. It is also stated that though be obtained bail he was not released as C.C Nos. 2386 of 2009 and 144 of 2010 on the file of the Additional Civil Judge (Junior Division) and III Additional Judicial Magistrate of First Class, Bijapur of Karnataka State are pending. It is further stated that the police of Gadag, Karnataka State informed the 2nd respondent that the alleged detenu is required to be produced before the I Additional Civil Judge (Junior Division) and Judicial Magistrate of First Class, 1st Court, Gadag in connection with C.C Nos.4 and 5 of 2010 registered under Section 138 of the Negotiable Instruments Act, 1881 and in pursuance of the same, he was produced before the learned Magistrate who remanded him to judicial custody and that now he is lodged at Sub-Jail, Gadag, Karnataka. It is also stated the alleged detenu is also involved in other cases. In view of the averments made in the counter affidavit and particularly in view of the fact that the alleged detenu is now lodged at Sub-Jail, Gadag, Karnataka State in pursuance of the remand order passed by the learned I Additional Civil Judge (Junior Division) and Judicial Magistrate of First Class, 1st Court, Gadag, this Court cannot entertain the present writ petition. It is accordingly dismissed. A. GOPAL REDDY, J RAJA ELANGO, J 29-06-2011 ks