IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO. 15891 of 2008 Between: Smt. L. Kuppamma, S/o. L. Subbaiah, R/o. 62/156/AB, Chidambararao Street, Near Raghavendra Swamy Temple, Kurnool. ..... PETITIONER AND 1 The Station House Officer, Jedcherla Police Station, Mahabubnagar District. 2 The Superintendent of Police, Mahabubnagar District. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 21-07-2008 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 namely L. Srinivasulu, S/o. L. Subbaiah, working as Sales Executive in HDFC Bank, Hyderabad, before this Hon'ble Court, who is illegally detained since 16-07-2008 during his visit to his parents at Kurnool, by the Circle Inspector of Police namely Y. Venkat Reddy, Jadcherla Police Station, Mahabubnagar District without registering any case or complaint against him; and 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 made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.15891 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is initiated at the instance of the petitioner’s telegram, dated 21-07-2008, wherein it is alleged that the son of the petitioner viz., L.Srinivasulu, s/o. L.Subbaiah, working as Sales Executive in HDFC Bank, Hyderabad, was illegally detained since 16-07-2008 by the Circle Inspector of Police, Jadcherla Police Station, Mahabubnagar District, without registering any case, and that she is apprehending danger to his life. 3. A counter aﬃdavit has been ﬁled by the Sub-Inspector of Police, Jadcherla Police Station, Mahabubnagar District, representing the ﬁrst respondent herein, stating that the alleged detenu is Accused No.2 in Crime No.297 of 2008 for the oﬀence punishable under Section 385 of Indian Penal Code of Jadcherla Police Station, which was registered on 20-07-2008 basing on a complaint given by one M.A. Waheed, Constable of Jadcherla Police Station. The alleged detenu was red-handedly apprehended by the ﬁrst respondent police while he was demanding Rs.2-00 as rowdy mamool from one businessman viz., M.A.Raheem Sab Babu Miya @ Gaddam Babu of Jadcherla, which fact was duly intimated to the petitioner. Subsequently, he was produced before the Judicial First Class Magistrate, Jadcherla, Mahabubnagar District, who inturn remanded him to judicial custody. By virtue of the remand order of the learned Magistrate, the alleged detenu was lodged at District Jail, Mahabubnagar. However, he was enlarged on bail on 24-07- 2008 subject to certain conditions. 4. In view of the fact that the alleged detenu was remanded to judicial custody in pursuance of the judicial order of remand passed by the learned Magistrate and subsequently enlarged on bail, the question of illegal detention does not arise. 5. For the foregoing, there are no merits in the writ petition and the same is liable to be dismissed. 6. Accordingly, the writ petition is dismissed, at the stage of admission. However, there shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 06-08-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Jedcherla Police Station, Mahabubnagar District. 2 The Superintendent of Police, Mahabubnagar District. 3. 2 CCs to the Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 4. 2 CD copies THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.15891 of 2008 06-08-2008 (Msr)