SUBBAIAH S Vs. NARASIAH HEAD CONSTABLE

JUDGEMENT

(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 registered Crime No. 102 of 2001 under Section 41(1) of the Code of Criminal Procedure, basing on the police proceedings. It is also their case that about 14:45 hours after taking lunch, under the pretext of throwing away the empty lunch packet, the alleged detenu came out of the Police Station and escaped from the lawful custody. Again for this offence, the Station House Officer, registered a case in Crime No. 103 of 2001 on the same day under Section 224 of the Indian Penal Code. Further, on 10-06-2002, having come to know of the filing of the charge sheet the alleged detenu surrendered himself before the Judicial Magistrate of First Class, Kota, who in turn remanded him to judicial custody. Subsequently, he was released on bail on 28-09-2002.

(3.) It is the case of the petitioner that the alleged detenu was arrested at the Sub Jail itself at about 6-15 p.m., on 28-09-2002, the respondents showed the arrest at 20:00 hours on 29-09-2002. Perhaps having come to know of the telegram given by the petitioner to the Hon'ble the Chief Justice, he produced the alleged detenu before the Judicial Magistrate of First Class, Kota, in the late hours of the Court, who seemed to have released after bound over him for his good behaviour for a period of six months in M.C.No. 6 of 2002, on 30-09-2002. Since the very act of the respondents is not only highhanded but also arbitrary, we would like to deal this case on merits.