THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE NOUSHAD ALI TAKEN UP WRIT PETITION NO. 8931 of 2010 DATED: 12.05.2010 BETWEEN Smt. Asha …….. petitioner VS. 1. The Superintendent of Police Krishna District at Vijayawada and one another ……..respondents ORDER: (per the Hon’ble Sri Justice V.Eswaraiah) This Writ Petition has been taken up on a telegram issued by the petitioner, who is the wife of the alleged detenue Murugan, seeking a direction to the respondents to produce her husband Murugan before the Court, who is illegally taken away and detained by the Police of Vijayawada City since 5.4.2010. A counter affidavit has been filed stating that the alleged detenu was taken into custody by the Police of Machavaram in the early hours of 15.4.2010 in connection with Crime No. 165 of 2010 for the offence under Section 41(2) Cr.P.C and after complying with all formalities the alleged detenu was produced before the Mandal Executive Magistrate, Vijayawada Urban Mandal and the learned Mandal Executive Magistrate bounded over him for a period of six months and released him on the same day after obtaining self surety for a sum of Rs. 500/- vide M.C.No. 26 of 2010 dated 15/4/2010. As such the allegation that the alleged detenu is illegally arrested is denied. In view of the averments made in the counter affidavit that the husband of the petitioner viz., Murugan was already released by the Mandal Executive Magistrate, Vijayawada Urban Mandal, on the same day after obtaining self surety for a sum of Rs. 500/- vide MC No. 26/2010 dated 15.4.2010 and he is not under the police custody, this Writ Petition is misconceived and accordingly, the same is dismissed. ________________ V.ESWARAIAH, J ________________ NOUSHAD ALI, J Date: 12-05-2010 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies