THE HON'BLE SRI JU​STICE V. ESWARAIAH and THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR DATED: 03-12-2010 WRIT PETITION No. 28888 OF 2010 Between: Smt. Dimple ..... PETITIONER AND The Station House Officer, I Town Police Station, Vijayawada, Krishna District and another .....RESPONDENTS THE HON'BLE SRI JUSTICE V. ESWARAIAH and THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 28888 OF 2010 ORDER: (per Sri V. Eswaraiah, J) Fax Message dated 05-11-2010 sent by the petitioner alleging that her husband viz., Jugraj has been illegally detained by the police of I Town Police Station, Vijayawada, Krishna District from 03-11-2010 in connection with Crime No.571 of 2010 of the said police station and she apprehends danger to his life has been treated as a taken up writ petition. Inspector of Police, I Town Police Station, Vijayawada, the 1st respondent herein filed a counter stating that the alleged detenu is A-2 in Crime No.571 of 2010 registered under Sections 364-A, 343, 346, 347, 324 read with Section 120(B) IPC on 18-10-2010 and in connection with the said crime, he was taken into custody on 06-11-2010 and was produced before the Chief Metropolitan Magistrate, Vijayawada on 07-11-2010 who remanded him to judicial custody. In pursuance of the remand order, he was lodged in Sub-Jail, Vijayawada. It is stated that subsequently he was enlarged on bail pursuant to the order passed by the Metropolitan Sessions Judge, Vijayawada on 18-11-2010 subject to certain conditions. As per the conditions imposed by the learned Metropolitan Sessions Judge, the alleged detenu appeared before the I Town Police Station Rajahmundry on 20-11-2010, 21-11-2010 and 22-11-2010 and put his signatures, but from 23-11-2010 he was absent and on 24-11-2010 he attended the Court of Chief Metropolitan Magistrate, Vijayawada and thereafter, he is absconding and that efforts are being made to trace out him. In view of the averments made in the counter affidavit, it is clear that the alleged detenu was already arrested in connection with the said crime and was also produced before the concerned Magistrate. Therefore, it cannot be said that he is in illegal custody of the police. The writ petition is accordingly dismissed. V. ESWARAIAH, J VILAS V. AFZULPURKAR, J 03-12-2010 ks