K.Santhi v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.07.2020
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.9980 of 2020 and Crl.M.P.No.4358 of 2020 K.Santhi, W/o.Kumar, No.185, E-Block, 1st Lane, M.M.D.A. Colony, Arumbakkam, Chennai - 600 106.
...Petitioner
Vs.
1. State represented by The Inspector of Police, AVS-II, CCB, Chennai.
Crime No.71 of 2019.
2. The Chief Probation Superintendent, The Officer of Chief Probation Office, CMDS Tower-II, 2nd Floor, Egmore, Chennai.
3. The Superintendent, Government Home for Women, Mylapore, Chennai - 600 004.
4. Kalpana, W/o.Late.Rajasekar, No.303, 5th Street, S.A.Colony, Vyasarpadi, Chennai - 600 039.
...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the second respondent to file a report pertaining to the detention of the deteneu by name Kalpana and pursuance direct the IV Metropolitan Magistrate, Saidapet, Chennai to dispose the Crl.M.P.No.495 of 2020 in Crime No.71 of 2019 on the file of the first respondent.
For Petitioner : Mr.L.Saravanan For Respondents For R1 to R3 : Mr.S.Karthikeyan Additional Public Prosecutor
ORDER
This petition has been filed by the mother of the deteneu seeking for release of the deteneu, who is now detained before the third respondent(Government Home for Women).
2. The first respondent registered an FIR in Crime No.71 of 2019 for the offences under Sections 3(2)(a), 4(1), 5(1)(a), 6
(1) (a) and 7 (1) (a) of Immoral Traffic Prevention Act, 1956. The petitioner is the mother of the fourth respondent, namely Kalpana, who was produced before the IV Metropolitan Magistrate Court, 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 a petition in Crl.M.P.No.495 of 2020 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. Taking into consideration the earlier orders passed by this Court in Crl.O.P.No.5042 of 2020, wherein this Court has dealt with an issue of similar nature and also the facts and circumstances of this case, this Court is inclined to direct the third respondent to immediately release the fourth respondent from the Government Home for Women, Mylapore, Chennai. The petitioner, before taking her daughter, namely the fourth respondent from the home, shall produce necessary evidence to show his relationship with the fourth respondent. The fourth 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.
5. Accordingly, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar arb
To
1. The Inspector of Police, AVS-II, CCB, Chennai.
Crime No.71 of 2019.
2. The Chief Probation Superintendent, The Officer of Chief Probation Office, CMDS Tower-II, 2nd Floor, Egmore, Chennai.
3. The Superintendent, Government Home for Women, Mylapore, Chennai - 600 004.
4. The Public Prosecutor, High Court, Madras.
CRL.O.P.No.9980 of 2020 and Crl.M.P.No.4358 of 2020 RP(CO) KKV/31/07/2020