ARMUGAM, S/O CHINNASWAMY, NO. 21/1, 1ST CROSS, KUDLUGATE MAIN ROAD, HOSUR ROAD, BANGALORE Vs. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BANGALORE - 01, COMMISSIONER OF POLICE, BANGALORE CITY, BANGALORE

JUDGEMENT

(1.) THIS writ action for habeas corpus was initiated in terms of the direction of the Hon'ble Chief Justice on the letter addressed to him by one Armugam alleging his brother Chandrashekhar was in illegal detention. Upon registration of the writ petition, the State was notified of this Suo -Motu writ action in response to which State has filed objection in the form of statement. It is reported by the State that Chandrashekar, brother of the person who had addressed a letter is a habitual offender and involved in theft case, which was registered in Cr. No. 181/2012 by Market Police Station and is under investigation. He was taken to the custody during investigation and on his voluntary statement, investigation officer recovered cars and 90 grams of gold and thus is charged for offences punishable under Section 379 of IPC. He was actually arrested at 8.45 p.m. on 14.12.2012 and was produced before the Jurisdictional Magistrate on 15.12.2012. An order of remand has been obtained from the 9th ACMM and subsequently, in terms of the order, he is now in judicial custody from 19.12.2012.

(2.) THE information furnished by the State would reveals all material information. But Armugam author of the letter addressed to the Hon'ble Chief Justice, did not reveal it except stating his brother Chandrashekhar was in illegal detention. As on the date he has addressed letter to his brother was already in judicial custody in pursuance of the order of remand from the 9th ACMM. Therefore, he had other remedies to avail for grant of bail. Hence, the explanation of the State is accepted. The writ petition is disposed of requiring no further direction from this Court. The applicant can avail such remedies as open in law.