HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.15514 of 2010 Dated: 21-07-2010 Between: P.Bhanu Prakash …Petitioner AND The Government of A.P., Rep. by its Principal Secretary to The Home Department, Secretariat, Hyderabad & Others. Respondents. This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.15514 of 2010 ORDER: (Per Hon’ble Sri Justice A.Gopal Reddy) By means of filing this writ petition under Article 226 of Constitution of India, petitioner seeks issuance of a writ of habeas corpus directing the respondents to produce his brother-in-law Gonella Shiva Shyama Sundara Prasad @ GSSS Prasad and to set him at liberty forthwith. According to the petitioner, police of Kukatpally Police Station registered a case against the alleged detenu in Crime No.106 of 2010 for the offences punishable under Sections 420 and 408 I.P.C. showing him as A.1. Thereafter, the alleged detenu was arrayed as A.2 and the respondents 4 to 7 arrested the detenu and produced him before the learned IX Metropolitan Magistrate, Miyapur, Cyberabad on 25.6.2010. On such production, the learned Magistrate remanded the alleged detenu to judicial custody on 25.6.2010. Later, this Court granted bail to the alleged detenu on 28.6.2010 in Crl.P.No.5797 of 2010 and in compliance with the said order, the learned Magistrate passed the release orders. Therefore, the petitioner along with his sister and father went to Cherlapally Central Jail and on submitting the release orders, the Superintendent of Cherlapally Central Jail released the detenu at about 7.30 p.m. in the evening. Soon after the release, the respondent No.7 along with his team of 20 constables rounded at the gate of the Cherlapally Central Prison and forcibly took away the alleged detenu in contravention of the bail orders and since then he has been in illegal custody. Separate counter affidavits have been filed by the respondents 5 to 7. In the counter affidavit filed by the 5th respondent it is stated that the alleged detenu is an accused in Crime No.106 of 2010 registered on 23.6.2010 for the offences under Sections 420 and 408 I.P.C. and in that connection, he was taken into custody on 25.6.2010, that he was produced before IX Metropolitan Magistrate at Miyapur, Cyberabad on the same day, that the learned Magistrate remanded him to judicial custody and that pursuant to the remand order, he was lodged at Central Prison, Cherlapally. The alleged detenu was released on bail on 29.6.2010. It is stated that the alleged detenu was also accused in Crime Nos.116 and 117 of 2010 registered on 27.6.2010 for the offences under Sections 420 and 408 I.P.C. and therefore, in connection with those crimes, he was again arrested on 1.7.2010 at 10.00 hours at his residence. He was produced before the concerned Magistrate on the intervening night of 1/2.7.2010 at 02.00 hours, that the learned Magistrate remanded him to judicial custody, and that pursuant to the remand order, he along with other two accused has been lodged at Central Prison, Cherlapally. Having regard to the fact that the petitioner was arrested in connection with Crime Nos.116 and 117 of 2010, that he was produced before the concerned Magistrate, and that after obtaining lawful orders he was remanded to judicial custody, we do not see any merit in the contention advanced by the learned counsel for the petitioner that the alleged detenu has been illegally detained by the police. The writ petition fails and the same is accordingly dismissed. If the petitioner is aggrieved, he is at liberty to avail the remedies available to him under law. No order as to costs. ________________ A. GOPAL REDDY, J. __________________ JULY 21, 2010 K.C. BHANU, J. Tsr.