HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE V.ESWARAIAH AND THE HONOURABLE SRI JUSTICE V.SURI APPA RAO WRIT PETITION NO. 1742 OF 2011 Tuesday, the Fifteenth day of February, Two Thousand and Eleven Between B.Gopal Petitioner AND State of Andhra Pradesh, Rep. by its Secretary, Home, Secretariat Buildings, Hyderabad and others Respondents THE COURT MADE THE FOLLOWING: ORDER: (per the Hon’ble Sri Justice V.Eswaraiah) The petitioner, who is father of B.Vijay Kumar carrying on the business of Tea Vendor near Passport office, filed this writ of habeas corpus seeking his production, alleging that he was taken away by the fourth respondent police and is illegally detained from 18.1.2011 and the family members of the alleged detenu are not being allowed to see him. Counter is filed by the fourth respondent stating that on the complaint of Mr. Elitam Prabhakar about the theft of two gold rings, one pair of silver anklets and petty cash, alleged to have been committed by unknown persons, a case in Cr. No. 45 of 2011 was registered for the offence under Sec. 454 and 380 IPC. It is stated that during the course of investigation, after examining the complainant, the alleged detenu B.Vijay Kumar @ Vijju, who is figuring as A-1, was apprehended in the above crime, while going on a vehicle and after arrest, he was produced before the IX Metropolitan Magistrate, Miyapur on 3.2.2011 and the learned Magistrate has remanded him to judicial custody and pursuant to the remand order, he was lodged in Central Prison, Cherlapally and on application for bail, the alleged detenu was released on bail on 8.2.2011. In view of these revelations, it cannot be said that the police have taken the alleged detenu and illegally detained him. He was arrested in connection with the Cr. No. 45 of 2011 of P.S. Kukatpally, who is figuring as Accused No.1, and was remanded to judicial custody and subsequently released on bail. Consequently, the writ petition being devoid of merits is accordingly dismissed. No order as to costs. ___________________ Justice V.Eswaraiah ________________________ Justice V.Suri Appa Rao February 15, 2011 MAS