IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEENTH 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 : 10935 of 2009 Between: Suryam, Mangala Giri. ... PETITIONER AND 1 The Station House Officer, Mangal Giri Rural Police Station, Guntur District. 2 The Superintendent of Police, Guntur District. ...RESPONDENTS 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 27-05-2009 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 Venkatesara Rao Sernir, Assistant (APPVP) Tenali, before this Hon'ble Court, who was illegally detained by the Mangalagiri Rural Police 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 Respondents: THE ADVOCATE GENERAL The Court made the following: HON'BLE SRI JUSTICE D.S.R.VARMA AND HON'BLE SRI JUSTICE R. KANTHA RAO TAKEN UP WRIT PETITION NO.10935 of 2009 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 27.05.2009, wherein it is alleged that the alleged detenu viz., Venkateswara Rao Sernir, Assistant (APPVP), Tenali was illegally detained by the Manalagiri Rural Police Station and hence he has been apprehending danger to his life and, therefore, seeks Writ of Habeas Corpus from this Court, for production of the alleged detenu before this Court and set him at liberty. 3. In response to the notices issued by this Court, a counter- affidavit has been filed by Sub-Inspector of Police, Mangalagiri Rural Police Station, Guntur District stating that the alleged detenu was arrayed as A-1 in Crime No.274 of 2006 registered for the offence punishable under Section 420 of the Indian Penal Code of Mangalairi Police Station. Pursuant to the said crime, he was taken into custody by the first respondent on 01.06.2009 and after complying with the formalities of arrest, he was produced before the Additional Junior Civil Judge, Mangalagiri on 02.06.2009, who inturn remanded him to judicial custody. Pursuant to the said order of remand, he was lodged at District jail, Guntur and subsequently, enlarged on bail on 04.06.2009. 4. In view of the revelations in the counter-affidavit about the registration of crime No.274 of 2006 and detention of the alleged detenu, since the custody of the alleged detenu is in accordance with law, the question of issuing Habeas Corpus, does not arise. 5. 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 19-06-2009. Lmv/Msr