M.Abdul Rahman v. State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2021

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.4319 of 2021 and Crl.M.P.No.2730 of 2021 M.Abdul Rahman ... Petitioner Vs.

State Represented by its

1. The Inspector of Police, R-8 Vadapalani Police Station, Vadapalani, Chennai - 600 026.

2. The Chief Probation Superintendent, The Office of Chief Probation Office, CMDA Tower II, 2nd Floor, Egmore, Chennai.

3. The Superintendent, Government Home for Women, Mylapore, Chennai 600 004.

4. Fana Begum ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the 3rd respondent to file a report pertaining to the detention of the detenue by name Fana Begum W/o.Abdul Rahman aged about 33 years and in pursuance direct the learned IV Metropolitan Magistrate, Saidapet to dispose of the Crl.MP.No.52/2021 in Crime No.37 of 2021 as expeditiously.

For Petitioner : Mr.K.M.Devan For R1 to R3 : Mr.C.Raghavan Government Advocate

O R D E R

This petition has been filed by the husband of the detenue seeking for release of the detenue, who is now detained before the 3rd respondent Government Home for Woman. The first respondent registered an FIR in (*) Crime No.37 of 2021 for the offences under Sections 3(2)(a), 4(1) and 5(1)(a) of Immoral Traffic Prevention Act, 1956. The petitioner is the husband of the fourth respondent. The petitioner's wife namely Fana Begum was produced before the IV Metropolitan Magistrate Court, Saidapet, Chennai showing her as a victim and she was detained in the home on 23.02.2021.

https://hcservices.ecourts.gov.in/hcservices/

The learned counsel for the petitioner submitted that the petitioner filed a petition in Crl.M.P.No.52 of 2021 before the Court below seeking for the release of the petitioner's wife and the same is kept pending on the ground that the P.O report is yet to be filed before the Court. Aggrieved by the same, the present petition has been filed before this Court. The learned counsel for the petitioner brought to the notice of this Court the earlier order passed by this Court in Crl.O.P.No.29421 of 2019, Crl OP No.2525 of 2019, Crl OP No.8202 of 2019 and Crl OP No.8733 of 2019, wherein this Court has dealt with an issue of similar nature.

Taking into consideration the earlier order passed by this Court and also the facts and circumstances of this case, this Court is inclined to direct the 3rd respondent to immediately release the 4th respondent from the Government Home for Women, Mylapore. The petitioner before taking his wife namely the 4th respondent from the home, shall produce necessary evidence to show his relationship with the 4th respondent. The 4th respondent on being released from the home, shall stay at Chennai and report before the IV Metropolitan Magistrate Court, Saidapet, Chennai, once in a week on Monday at 10.30 a.m., till the P.O report is submitted before the Court. 6 This Criminal Original Petition is disposed of, with the above direction. Consequently, the connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (CS.III) (*) Corrected order to be issued /True Copy/ Sub Assistant Registrar To To be substituted for the order already despatched on 05/03/2021

1. The IV Metropolitan Magistrate, Saidapet, Chennai.

2. The Inspector of Police, R-8 Vadapalani Police Station, Vadapalani, Chennai - 600 026.

3. The Chief Probation Superintendent, The Office of Chief Probation Office, CMDA Tower II, 2nd Floor, Egmore, Chennai 600 008.

4. The Superintendent, Government Home for Women, Mylapore, Chennai 600 004 5.The Public Prosecutor, High Court of Madras,Chennai. +1cc to Mr.K.M.Devan, Advocate SR.NO..13850 AKM/05.03.21/ 2P-7C/ Crl.O.P.No.4319 of 2021 and Crl.M.P.No.2730 of 2021 https://hcservices.ecourts.gov.in/hcservices/