S.Ramu v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8202 of 2019 and Crl.M.P.No.4418 of 2019 S.Ramu ... Petitioner Vs.

1. State by The Inspector of Police, AVS Wing - I, Chennai.

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

3. The Superintendent, Government Home for Women, Mylapore, Chennai - 4.

4.Srimathi @ Valli ... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to grant a general direction directing the 2nd respondent to file a report pertaining to the detention of the detenue by name Srimathi @ Valli and in pursuance direct the IV Metropolitan Magistrate, Saidapet, Chennai to dispose of the Crl.M.P.No.Not Known of 2018 in Crime No.104 of 2019 as expeditiously.

For Petitioner : Mr. S. Prabudoss 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 Women. 2.The first respondent police have registered an FIR in Crime No.104 of 2018 for the offences under Sections 3(2)(a), 4 (1), 5(1)(a), 6(1) and 7(1) of Immoral Traffic Prevention Act.

The petitioner's daughter-in-law viz., Srimathi @ Valli was produced before the IV Metropolitan Magistrate, Saidapet, Chennai, showing her as a victim and she was detained in the home.

3.The learned counsel for the petitioner submitted that the petitioner filed petition in Crl.M.P.No.Not known of 2019 before the Court below seeking for the release of the petitioner's daughter-in-law 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 orders passed by this Court in Crl.O.P.Nos.27063, 26714, 29421, 29428 and 2525 of 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 Women, Mylapore, Chennai-4. The petitioner before taking her daughterin-law viz., Srimathi @ Valli, 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 IV 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, connected Miscellaneous Petition is closed.

s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar msm To

1. The Inspector of Police, AVS Wing - I, Chennai.

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

3. The Superintendent, Government Home for Women, Mylapore, Chennai - 4.

4.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.S.Prabhudoss, Advocate sr 29288.

Crl.O.P.No.8202 of 2019 and Crl.M.P.No.4418 of 2019 NA(CO) SP(08/04/2019)