Arul Prakash v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.01.2019
CORAM
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.NO.2525 of 2019 and Crl.M.P.No.1625 of 2019 Arul Prakash
...Petitioner
Vs 1.The Inspector of Police, AVS-II, Chindatripet, Chennai.
2.The Chief Probation Superintendent, The office of Chief Probation Office, CMDA Tower-II, 2nd floor, Egmore, Chennai.
3.The Superintendent, Government Home for Woman, Mylapore, Chennai-600 004.
4.S.Nandhini
...Respondents
Prayer:This Criminal Original Petition filed under Section 482 of Cr.P.C, praying to grant a general direction directing the 2nd respondent to file a report pertaining to the detention of the detenue by name S.Nandhini and in pursuance direct the learned Judicial Magistrate-I, Alandur to dispose of Crl.M.P.No.Not known of 2019 in Crime No.2 of 2019 as expeditiously.
For Petitioner :
Ms.N.Edwin Jeyakumar For R1 to R3 :
Mr.M.Mohamed Riyaz Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed by the husband of the 4th respondent.
2.
It is the case of the petitioner that his wife came to chennai for employment and worked in Beauty Parlour at Chennai. On 22.01.2019, the first respondent Police have registered a case against the owner of parlour in Crime No.2 of 2019, for an offence under Sections 3(2) (a), 4(1) and 5(1)a of Immoral
Traffic Prevention Act. The 4th respondent has been branded as victim and has been kept in a home run by the 3rd respondent for more than one month. Inspite of best efforts, made by the petitioner, 4th respondent is not being released from the home on the ground that the P.O. Report has not been submitted before the Court till date. It is also seen that the accused person in the above case has already been enlarged on bail. 3.
This Court under similar circumstances had directed the release of the detenues from the home by an order dated 20.11.2018 made in Crl.O.P.Nos.27063 and 27064 of 2018. 4.
Considering the facts and circumstances of the case, this Court is inclined to direct the 3rd respondent to immediately release the 4th respondent from Government Home for Woman, Mylapore. The petitioner before taking the 4th respondent from Home, shall produce the necessary evidence to show her relationship with the 4th respondent. The 4th respondent on being released from the Home, shall stay at Chennai and report before the learned Judicial Magistrate, 9 Alandur, once in a week on Monday at 10.30.a.m till the P.O. Report is submitted before this Court.
5.This Criminal Original Petition is disposed of with the above directions and consequently the connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, AVS-II, Chindatripet, Chennai.
2.The Chief Probation Superintendent, The office of Chief Probation Office, CMDA Tower-II, 2nd floor, Egmore, Chennai.
3.The Superintendent, Government Home for Woman, Mylapore, Chennai-600 004.
4.The Additional Public Prosecutor, High Court, Madras.
+1cc to Mr.N.Edwin Jeyakumar, Advocate, S.R.No.8024 CRL.O.P.NO.2525 of 2019 CNR(CO) GSP(31/01/2019)