Gurivindapalli Kotamma v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 08.03.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6336 of 2019 and Crl.M.P.No.3496 of 2019 Gurivindapalli Kotamma .. Petitioner Vs

1. State by Inspector of Police, J3-Guindy Police Station, Chennai.

(Crime No.220 of 2019)

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. Sarada .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to grant a general direction directing the 2nd respondent to file a report pertaining to the detention of the detenue by name Sarada, D/o.Gurivindapalli Babu Rao, aged about 30 years and in pursuance direct the IVth Metropolitan Magistrate, Saidapet, Chennai to dispose of Crl.M.P.No. Not Known of 2019 in Crime No.220 of 2019 as expeditiously. For Petitioner : Mr.S.Sasikumar For R1 to R3 : Mr.C.Raghavan Government Advocate(Criminal Side)

O R D E R

This Criminal Original Petition has been filed by the mother of the detenue seeking for release of the detenue, who is now detained before the 3rd respondent Government Home for Woman.

2. The first respondent registered an FIR in Crime No.220 of 2019 for the offences under Section 3(2)(a), 4(1), 5(1)(a) of Immoral Traffic Prevention Act. The petitioner's daughter namely Sarada was produced before the IVth Metropolitan Magistrate, Saidapet, Chennai showing her as a victim and she was detained in the home on 03.03.2019.

3. The learned counsel for the petitioner submitted that the petitioner filed a petition in Crl.M.P.No. Not Known of 2019 before the Court below seeking for the release of the petitioner's daughter 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.

4. The learned counsel for the petitioner brought to the notice of this Court the earlier order passed by this Court in Crl.O.P.Nos.29428 of 2018, dated 18.12.2018, wherein this Court has dealt with an issue of similar nature.

5. 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 woman, Mylapore. The petitioner before taking her daughter namely the 4th respondent from the home, shall produce 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 IVth Metropolitan Magistrate, 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-VIII) //True Copy// Sub Assistant Registrar ssr/at

To

1. The IVth Metropolitan Magistrate, Saidapet, Chennai.

2. The Inspector of Police, J3-Guindy Police Station, Chennai.

(Crime No.220 of 2019)

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

4. The Superintendent, Government Home for Woman, Mylapore, Chennai - 600 004.

5. The Inspector of Police, AVS-II, Chennai.

6. The Public Prosecutor, High Court, Madras.

+1 cc to M/s.S.Sasikumar, Advocate, S.R.No.21817 Crl.O.P.No. 6336 of 2019 and Crl.M.P.No.3496 of 2019 SSM(11/03/2019).