IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT PETITION NO : 23827 of 2008 Between: Gopu Rajamalla Reddy, S/o. Mukunda Reddy, R/o. Kankulagidha, Mo. Huzurabad, Karimnagar. ..... PETITIONER AND 1 The Station House Officer, Vizianagaram, Vizianagaram District. 2 The Superintendent of Police, Vizianagaram District. .....RESPONDENTS 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 for the reasons stated in the "Fax Message" dated 27-10-2008 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 Petitioner's son by name Gopu Sammireddy, before this Hon'ble Court, who was illegally arrested on 27/10/08 in Koramandal Express train at Vizianagaram 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: LETTER Counsel for the Respondents: THE ADVOCATE GENERAL The Court made the following : ORDER: (Per the Hon’ble Sri Justice A. Gopal Reddy) The fax message sent by the petitioner to the Hon’ble the Chief Justice, alleging that the petitioner’s son, namely, Gopu Sammireddy, was arrested on 27.10.2008 while he was traveling in Koramandal Express Train at Vizianagaram District and his whereabouts are not known, was taken up as a writ petition. On issuance of notice to the respondents, the Circle Inspector of Police, Salur Circle, Vizianagaram District ﬁled counter aﬃdavit stating that the alleged detenu is arrayed as accused No.1 in Crime No.53/2001 for the oﬀence under Sections 147, 148, 396 read with Section 34 and 149 IPC, Section 8(b) of the A.P. Public Security Act and Section 25 and 27 of the Arms Act of Salur Police Station, against whom non- bailable warrants are pending. In execution of non-bailable warrants, the alleged detenu was arrested on 27.10.2008 while he was travelling in Koramandal Express, and was produced before the Judicial First Class Magistrate, Salur for his remand. On such production, the learned Magistrate remanded the alleged detenu to judicial custody and in pursuance of the same he was lodged at Central Prison. Later the Sub-Divisional Police Oﬃcer, Parvathipuram ﬁled a petition seeking police custody of the alleged detenue for further investigation. The same was ordered by the learned Magistrate on 7.11.2008 granting police custody of the alleged detenu from 9.11.2008 to 10.11.2008 on certain conditions. Having regard to the fact that the alleged detenu was arrested in execution of non-bailable warrants, and was produced before the Magistrate, who granted police custody, it cannot be said that the alleged detenu was illegally detained by the police. The Writ Petition is accordingly dismissed. _____________________ (A.GOPAL REDDY, J.) _________________ (R. KANTHA RAO, J.) 17th November, 2008 Js.