J VENKATA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Petitioner is a second year student of M.B.B.S., Osmania Medical College. He is charged along with six others with having committed offences under sections 148, 307, Indian Penal Code and section 25 of the Indian Arms Act and section 5 of the Indian Explosive Substances Act. The offence is stated to have taken place on i8th June, 1976 and the crime was registered as Cr. No. 175 of 1976 in the Police Station, Sultan Bazar. The petitioner was apprehended along with two others on 27th June, 1976. He was remanded to the Judicial custody, of the II Metropolitan Magistrate, City Hyderabad, for 15 days, i.e., from 28th June, 1976 to 12th July, 1976. The bail petition filed by the petitioner before the Court below was rejected and on 8th July, 1976, a bail petition has been filed by the petitioner before this Court i.e., Crl. M.P. No. 1847 of 1976." That petition stood adjourned to 16th July, 1976. The judicial custody of the petitioner was extended from 13th July, 1976 to 24th July, 1976 and again to 4th August, 1976, and to 17th August, 1976.

(2.) On 12th July, 1976 the Commissioner of Police issued an order of detention against the petitioner under section 3 of the Maintenance of Internal Security Act, 1971 (hereinafter referred to as MISA). The other two accused who were also apprehended were also detained under MISA. The MISA order was served on the petitioner on 13th July, 1976 and from that date the petitioner continued to be detenu under MISA and the order of detention was not revoked till today. On 16th July, 1976 the bail petition presented to the High Court by the petitioner was dismissed with the observation that the petitioner may renew his application after his release under MISA. On 9th August, 1976, the Government of Andhra Pradesh passed an order G.O. Rt. No. 3191 and it reads as follows :-

(3.) This petition is filed on rath August, 1976, requesting this Court that he may be granted bail, the relief portion of which reads thus :-