Bairu Vinod v. The State Of Telengana,

HONOURABLE SRI J USTICE SURESH K UMAR K AIT AND HONOURABLE SRI J USTICE U.DURGA PRASAD RAO WRIT PETITION No.3115 OF 2017 ORDER: (Per HON'BLE SRI JUSTICE SURESH KUMAR KAIT) Vide present Writ Petition, the petitioner seeks a direction thereby to enlarge the detenues for a period of fifteen days on the ground that mother of the detenues expired on 29.01.2017. Learned counsel for the petitioner submits that the detenues are twin brothers, who are detained by order dated 24.01.2017 passed under Sub Section (2) of section 3 of the Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, DrugOffenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 and lodged in Central Prison, Cherlapally, Hyderabad. Their mother expired on 29.01.2017 and her body is yet to be cremated.

The last rights and rituals have to be performed by the detenues being the sons of the deceased. Learned Government Pleader appearing for the respondents does not dispute with the submissions made by the learned Counsel for the petitioner, however, opposed the present petition on the ground that there are five and seven cases registered against the detenues respectively. We have heard the learned Counsel appearing on either side.

It is not in dispute that the mother of the detenues expired on 29.01.2017 and her last rights have to be performed by the detenues being her sons.

Accordingly we hereby suspend the detention order dated 24.01.2017 passed by the fourth respondent for a period of eleven days from today.

Consequently the detenues shall be enlarged on bail on their furnishing personal bonds for Rs.25,000/- each with two sureties each for the like sum to the satisfaction of Superintendent, Central Prison, Cherlapally, Hyderabad. Till the detenues are surrendered before the jail authorities, they shall report before the Station House Officer, Police Station, Ghatkesar, every day between 2.00 PM and 5 P.M. The detenues shall surrender before the Superintendent, Central Prison, Cherlapally, Hyderabad on 10.02.2017 before 4.30 PM. Subject to the above, the Writ Petition is allowed. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence.

------------------------------------------- JUSTICE SURESH KUMAR KAIT ------------------------------------------------ JUSTICE U.DURGA PRASAD RAO DATED 30th January, 2017.

Note: Issue cc today.

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