IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH 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 : 5137 of 2008 Between: Mekala Mallesh S/o Mekala Veera Swamy 1st Ward, Sanjeeva Nagar Peta, Gokavaram mandal, East Godavari District. ..... PETITIONER AND 1 The Station House Officer, peddapuram Police Station, East Godavari District. 2 The Superintendent of Police, East Godavari District at Rajahmundry. 3 Sri Durga Rao Circle Inspector of Police, Peddapuram, Police station, east Godvari District. 4 Sri Ramesh babulu Sub-Inspector of Police, Peddapuram, East Godavari District. 5 Sri Ramakrishna Police Constable, Peddapuram PS., East Godavari district. 6 Sri Murali, Police Constable, Peddapuram Police Station, East Godavari 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 issue an order, direction, or a Writ, more particularly one in the nature of writ of Habeas Corpus directingthe respondents herein to produce the daugher of the petitioner herein, by name, mekala Chinna Ramanamma, W/o Mekala Venkateswarlu, aged 35 years before this Hon'ble Court, who was illegally detained since 13-2-2008 to 5.30 A.M. by the Police of PEddapuram, East Godavari District apprehending danger toher 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:LETTER Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following : ORDER: (Per Hon’ble Sri Justice A.Gopal Reddy) Fax Message, dated 28.2.2008 sent by the petitioner-Mekala Mallesh alleging that his daughter by name Mekala Chinna Ramanamma, aged about 35 years, has been picked up by the police of Peddapuram on 13.2.2008 and since then she has been in illegal custody, has been taken up as a Writ Petition. In response to the notice issued, the Sub-Inspector of Police, Peddapuram Police Station, first respondent herein has filed a counter affidavit stating that the alleged detenu is accused No.1 in C.C.No.452 of 2006 for the offence under Sections 379 and 411 IPC on the file of II Additional Judicial First Class Magistrate, Eluru. In connection with the said case, the alleged detenu appeared before the Court on 5.3.2008 and 12.3.2008 and the matter was adjourned to 20.3.2008 for arguments. Similarly, the alleged detenu is also accused No.1 in C.C.No.301 of 2005 for the offence under Section 379 IPC on the file of Judicial First Class Magistrate, Kaikalur of Krishna District. On 4.3.2008 and 13.3.2008 the alleged detenu failed to attend before the said Court and on those two occasions applications for dispensing with her presence were filed on the ground that she is not well. On such applications, her presence was dispensed with and the matter was adjourned to 24.3.2008 for her appearance. Apart from the said Calendar Cases, two Non-Bailable Warrants have been pending against the alleged detenu in C.C.No.68 of 2004 on the file of III Additional Judicial First Class Magistrate, kakinada and C.C.No.194 of 2007 on the file of Judicial First Class Magistrate, Mummidivaram, East Godavari District. C.C.No.68 of 2004 has been posted to 21.5.2008 whereas in C.C.No.194 of 2007 warrant is pending execution. It is averred in the counter affidavit that the alleged detenu has been attending thrice a day before Gokavaram Out-Post Police Station and marked her presence from 13.2.2008 to 21.2.2008 and 25.2.2008 to 4.3.2008. Pending the above cases, another case in Crime No.36 of 2008 for the offence under Section 379 IPC was registered by the first respondent on 8.3.2008 against the alleged detenu and only to prevent her arrest in connection with the said crime, the above fax message appears to have been sent by the petitioner. The very fact that the alleged detenu was granted bail on condition of her appearing before the Gokavaram Out-Post Police Station thrice a day and her appearing before the said police Station for the period from 13.2.2008 to 21.2.2008 and 25.2.2008 to 4.3.2008 itself is evident that she has not been illegally detained by the first respondent police as alleged in the fax message. In view of the same, no credence can be given to the allegations made in the fax message. The writ petition is accordingly dismissed. No costs. ________________ A. GOPAL REDDY, J. _______________________ B.SESHASAYANA REDDY, J. 25.03.2008 Tsr. To 1 The Station House Officer, peddapuram Police Station, East Godavari District. 2 The Superintendent of Police, East Godavari District at Rajahmundry. 3 Two C.Cs. to G.P. for Home, High Court Buildings, (OUT) 4. Two C.D. copies.