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2002 Supreme(AP) 1265

B.S.A.SWAMY, G.YETHIRAJULU
S. Subbalah – Appellant
Versus
Narasiah, Head Constable, Kota Police Station – Respondent


B. S. A. SWAMY, J.

( 1 ) ONE S. Subbaiah of Nellore District, by telegram, dated 01-10-2002, brought to the notice of the Hon ble the Chief Justice, that his brother Sarvepalli Sreenivasulu s/o Ratnaiah r/o Kota, was taken away by the Head Constable by name Narasaiah of kota Police Station, from the premises of r. D. O. , Gudur, while he was coming out of the Sub-Jail, Gudur, at about 06-15 p. m. , on 28-09-2002, after obtaining bail in Crime no. 103 of 2001 and detained him in the police Station without producing him before the Magistrate. He also stated in the telegram that his brother is likely to be implicated in some false cases and his life is in danger. Stating so he sought for issuance of a Writ of Habeas Corpus directing the respondents to produce the alleged detenu before this Court and set him at liberty.

( 2 ) AS per the version of the respondents one M. Srinivas Rao, Sub Inspector of Police, attached to Kota Police Station, found the alleged detenu moving in suspicious conditions at about 03:30 hours on 16-12-2001, while he was on night patrolling, and taken him into custody after informing the grounds of arrest. He was brought to the police Station at 04:00 hours and














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