IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT PETITION Nos. 7761 AND 7876 OF 2008 WRIT PETITION NO : 7761 of 2008 Between: Dodda Manikumar, S/o. Dodda Brahmandam R/o. Yanamadala Village, Yeddanapudi Mandal, Prakasam District. ..... PETITIONER AND 1 The Station House Officer, Yeddanapudi Police Station, Prakasam District. 2 The Superintendent of Police, Prakasam District at Ongole. .....RESPONDENT(S) Petition under Article 226 of the Constitution of India praying that for the reasons stated in the "Telegram" dated 02-04-2008 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 the sister of the Petitioner herien Viz., Dodda Archana, before this Hon'ble Court, who was illegally detained since 01-04-2008 by the Sub-Inspector of Police of the Yaddanapudi, Prakasam District, apprehending danger to her life and set her 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 WRIT PETITION NO : 7876 of 2008 Between: D. Indira, W/o. Brahmanandam, Yanamadala Village and Post, Yeddanapudi Mandal, Prakasam District. ..... PETITIONER AND 1 The Station House Officer, Yeddanapudi, Prakasam District. 2 The Superintendent of Police, Prakasam District. .....RESPONDENT(S) Petition under Article 226 of the Constitution of India praying that for the reasons stated in the "Telegram" dated 01-04-2008 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 the children of the petitioner herein, before this Hon'ble Court, who were illegally detained since 01-04-2008 at 09.30 A.M. by the police Yeddanapudi, Prakasam District 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 : COMMON ORDER: (per Sri A. Gopal Reddy, J) These two writ petitions are taken up on the basis of telegrams dated 02-04-2008 and 01-04-2008 alleging that one Dodda Archana and the children of the petitioner in Writ Petition No. 7876 of 2008 were illegally detained by the police of Yeddanapudi Police Station, Prakasam District on 01-04-2008 and there is danger to their lives. Since both the writ petitions are interrelated, they are disposed of by this common order. The petitioner and the alleged detenue in Writ Petition No. 7761 of 2008 are bother and sister and the petitioner in Writ Petition No. 7876 of 2008 is their mother. In response to the notice, the Station House Officer, Yeddanapudi Police Station, the 1st respondent herein filed counter affidavit denying the illegal detention of Archana, the alleged detenu in Writ Petition No. 7761 of 2008, but stated that the father of the petitioner in Writ Petition No. 7761 of 2008 and the husband of the petitioner in Writ Petition No. 7876 of 2008 viz., Brahmanandam is A-1 in Crime No. 7 of 2008 registered on 26-03-2008 for the offences under Sections 506, 379, 435 read with Section 34 IPC of Yeddanapudi Police Station. From the date of registration of crime, the said Brahmanandam as well as the alleged detenu have been absconding. Both of them, who are accused in the above crime obtained anticipatory bail wherein they were directed to surrender before the competent Magistrate and obtain regular bail on merits within two months. It is also stated that Dodda Archana, who is the alleged detenue in Writ Petition No. 7761 of 2008 has not been illegally detained. On the requisition made to the Mandal Executive Magistrate to record the statements, he visited the house of Smt. D. Indira, the petitioner in Writ Petition No. 7876 of 2008 and she informed that the alleged detenue had been to Hyderabad to pursue the computer courses. The said fact has been endorsed by the Mandal Executive Magistrate which is filed along with the counter affidavit. In view of the same, the allegations in the telegram sent by the petitioner in Writ Petition No. 7761 of 2008 that the detenu was detained illegally do not merit consideration. The fact that the husband of the petitioner Smt. Indira and the alleged detenu who are the accused in Crime No. 7 of 2008 obtained anticipatory bail on 8-4-2008 falsifies the contents of the telegram sent by the petitioner in Writ Petition No. 7876 of 2008. Both the writ petitions are accordingly dismissed. A.GOPAL REDDY, J R. KANTHA RAO, J 21-04-2008 ks ………... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Yeddanapudi Police Station, Prakasam District. 2 The Superintendent of Police, Prakasam District at Ongole. 3 2 CCs to the Advocate General, High Court of Andhra Pradesh, Hyderabad (OUT). 4 2 CD copies.