THE HON’BLE SRI JUSTICE A. GOPAL REDDY AND THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 130 OF 2008 DATED: 04-2-2008 Between: Smt. Augunda Sunkulamma Subbamma ……………Petitioner And The Superintendent of Police, Kurnool District, Kurnool and another ……………Respondents ORDER: (per Hon’ble Sri Justice A. Gopal Reddy, J) By means of this writ petition filed under Article 226 of the Constitution of India, the petitioner seeks for issuance of a writ of habeas corpus for release of the alleged detenu Augunda Sunkulamma Yerramalla, aged about 66 years, occupation agricultural labour, resident of Midthur Village and Mandal, Kurnool District. It is alleged that on 15-12-2007, the 2nd respondent detained illegally the petitioner’s daughter-in-law Subbamma, who is pregnant and her son Sekhar. When the petitioner and the alleged detenu approached the 1st respondent, he directed them to contact the Station House Officer, Midthur Police Station, who, in turn, directed them to approach Panyam Police Station and there the alleged detenu was detained by the police illegally. In the counter affidavit filed by the 2nd respondent, it is stated that the petitioner who was arrested in connection with Crime No. 57 of 2007 registered for the offence under Section 457 and 380 IPC on 5-1-2008 was produced before the Judicial First Class Magistrate, Nandyal on the very same day. On production, the learned Magistrate remanded him to judicial custody and pursuant to the remand order, he was lodged in Sub-Jail, Nandyal. While so, Crime No. 88 of 2007 for the offence under Sections 457 and 380 IPC was registered by Nandyal Taluk Police Station on 19-4-2007 and the alleged detenu was apprehended on 22-1-2008 and on examination, he confessed the commission of the offence along with his associates and certain property was also recovered from him in the presence of the mediators. After complying with the formalities, he was produced before the Judicial First Class Magistrate, Nandyal on the same day and on remand, lodged at Sub-Jail, Nandyal and later, he was released on bail. The alleged detenu is present in the Court and when examined, he stated that on arrest he was produced before the Magistrate and that the police have not ill-treated him, but the only complaint was that he was not supplied with food while he was in custody. Having regard to the fact that cases were registered against the alleged detenu and stolen property was recovered from him on the basis of confession being made by him and that he was produced before the concerned Magistrate on the same day on which he was arrested and on remand detained in Sub-Jail, Nandyal, it cannot be said that the alleged detenu was illegally detained by the police. The writ petition is accordingly dismissed. A. GOPAL REDDY, J NOOTY RAMAMOHANA RAO, J Dated: 04-02-2008 ks