Anusiya v. State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.6619 of 2021 and Crl.M.P.No.4391 of 2021 Anusiya ... Petitioner/Mother of the Victim

Versus

1.State Represented by its The Inspector of Police, AVS Wing-II, Chennai.

2.The Chief Probation Officer, 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.Pramila ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent to file a final report pertaining to the detention of the detenue by name Pramila D/o James aged about 24 years and in pursuance direct the learned IV Metropolitan Magistrate, Saidapet, to dispose of the Crl.M.P.No.3924 of 2021 in Crime No.6 of 2021 as expeditiously.

For Petitioner :

Mr.V.Bhagyaraj For Respondents :

Mr.M.Mohammed Riyaz, Additional Public Prosecutor

ORDER

This 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.6 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 mother of the fourth respondent, namely Pramila was produced before the IV Metropolitan Magistrate Court, Saidapet, Chennai showing her as a victim and she was detained in the home on 19.03.2021.

3. The learned counsel for the petitioner submitted that the petitioner filed a petition in Crl.M.P.No.3924 of 2021 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.No.29421 of 2019, Crl.O.P.No.2525 of 2019, Crl.O.P. No.8202 of 2019 and Crl.O.P.No.8733 of 2019, 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. 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 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 //True Copy// Sub Assistant Registrar

To 1.The IV Metropolitan Magistrate, Saidapet.

2.The Inspector of Police, AVS Wing-II, Chennai.

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

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

5.The Public Prosecutor, High Court, Madras.

+1cc to Mr.V.Bhagyaraj, Advocate SR.NO..22098 AKM/09.04.21/3P-7C/ CRL.O.P.No.6619 of 2021 and Crl.M.P.No.4391 of 2021 08.04.2021