IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 2346 of 2008 Between: Dakshnadi Ralaiah, S/o. Perumallaiah, Pogottam Colony, Nayudupet, Nellore District. ..... PETITIONER AND 1 The Station House Officer, Pellakuru Police Station, Nellore District. 2 The Circle Inspector of Police, Nayudupet, Nellore District. 3 The Superintendent of Police, Nellore 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 For the reasons stated in the "Telegram" dated 02-02-2008 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 Dakshnadi Babu, who was detained in Nayudupet Police Station since 30-01-2008 at 01.30 A.M. 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 at the stage of admission made the following : ORDER: (Per Sri B. Prakash Rao, J) This case has been taken up under Article 226 of the Constitution of India in pursuance of telegram dated 02-02-2008 issued by the petitioner alleging that his son Dakshinadi Babu was illegally detained in Nayudupet Police Station since 30-01-2008 and he apprehends danger to his life. After notice and in reply thereto, in the counter affidavit filed by Sri K. Ch. Rama Rao, Sub-Inspector of Police, it is stated that the alleged detenu is the accused in Crime No. 6 of 2008 for the offence under Section 379 IPC of Pellakur Police Station, which was registered on 31-1-2008 basing on the complaint given by one Pillamitta Murali of Chillakuru Village, Pellakur Mandal and in connection with the above crime, he was arrested on 3-2-2008 and produced before the Judicial First Class Magistrate, Sullurpet. The learned Magistrate ordered for remand of the alleged detenue to judicial custody and accordingly, he was lodged at Sub- Jail, Gudur. However, he was enlarged on conditional bail by the learned Magistrate on 5-2-2008. Having regard to the aforesaid circumstances, we do not find any merit in the writ petition. It is accordingly dismissed. B. PRAKASH RAO, J L. NARASIMHA REDDY, J 25-02-2008 ks ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Pellakuru Police Station, Nellore District. 2 The Circle Inspector of Police, Nayudupet, Nellore District. 3 The Superintendent of Police, Nellore District. 4 Two CCs to the Advocate General (OUT). 5 Two CD copies.