IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 5544 of 2009 Between: Shanthammal W/o. Ravi Mutton Market Road, Mallur, Kollar District, Karnataka State ..... PETITIONER AND 1 The Station House Officer, Vijayawada Krishna District. 2 The Commissioner of Police Krishna 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 to issue an Order direction or a writ more particularly one in the nature of writ of Heabeas Corpus directing the respondents herein to produce the Petitioner's son namely Rajsh S/o. Ravi and petitioner's relatives Ramesh S/o. Parthasarathy and Lakshman S/o. Janakiraman, who were on a tour to Vijayawada Kanaka Durga Temple were illegally detained on 3-4-2009 by the Vijayawada Police, apprehending danger to their lvies and set them 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 Respondent No.: THE ADVOCATE GENERAL The Court made the following : HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No. 5544 OF 2009 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) This is a taken up writ petition on the basis of the telegram sent by the petitioner dated 10.03.2009 to the Hon’ble Chief Justice alleging that her son by name Rajesh and her relatives Ramesh and Lakshman have been illegally detained by the Vijayawada Police from 4.3.2009. In response to the notice, the Station House Officer, Krishna Lanka Police Station, Vijayawada filed an affidavit stating that the alleged detenus are arrayed as accused Nos.1,2 and 3 in Crime No.500 of 2008 registered on 30.10.2008 for the offence under Section 379 IPC on the file of Krishna Lanka Police Station, Vijayawada. The alleged detenus were arrested on 14.3.2009 in connection with the said crime and produced before the II Additional Chief Metropolitan Magistrate, Vijayawada. On such production, the learned Magistrate remanded them to judicial custody and accordingly they were lodged at Sub-Jail, Vijayawada, however, they were enlarged on bail on 20.3.2009 with a direction to appear before the S.H.O., Krishna Lanka Police Station on every Sunday for a period of four weeks, but they failed to comply with the said condition and now efforts are being made for cancellation of their bail orders. The copies of the F.I.R. and the orders of the Court granting bail to the alleged detenus filed along with the counter affidavit clearly discloses that the alleged detenus were never illegally detained by the police. In view of the same, no further cause survives in the writ petition. The writ petition is accordingly dismissed. No order as to costs. _________________ (A. GOPAL REDDY, J.) _______________ (K.C. BHANU, J.) APRIL 02, 2009 TSR