Prithivraj Murugan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.07.2020

CORAM

THE HONOURABLE MR. JUSTICE G. K. ILANTHIRAIYAN Crl.O.P.No.10146 of 2020 Prithivraj Murugan, W/o. Murugan, No.14/26, Ramachandran Pettai, Salem Road, Virudhachalam Taluk, Virudhachalam, Cuddalore District.

... Petitioner Vs.

1. The State Represented by, The Inspector of Police, Kottakuppam Police Station, Villupuram District.

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, Trichy.

4. Vijayalakshmi, W/o. Murugan, No.14/26, Ramachandran Pettai, Salem Road, Virudhachalam Taluk, Virudhachalam, Cuddalore District.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to grant a general direction directing the 2nd respondent to file a report pertaining to the detention of the detenue by name Vijayalakshmi W/o. Murugan, aged 38 years the 4th respondent herein and in pursuance direct the District Munsif Cum Judicial Magistrate, Vanur to dispose of the Crl.M.P.No. Not known of 2020 in Crime No.978 of 2020 on the file of 1st respondent as expeditiously.

For Petitioner : Mr. M. R. Senthil Kumar For R1 to R3 : Mr. S. Karthikeyan, Additional Public Prosecutor.

O R D E R

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

2. The 1st respondent registered an FIR in Crime No.978 of 2020 for the offences under Sections 3(2)(a), 4(1), 5(1)

(1) and 6(1)(a) of Immoral Traffic Prevention Act, 1956. The petitioner is the son of the 4th respondent, namely Vijayalakshmi, who was produced before the District Munsif Cum Judicial Magistrate, Vanur, 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.Not known of 2020 before the Court below, seeking for the release of the petitioner's Mother 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.27063 of 2018 and Crl.O.P.No.26714 of 2018, 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 4th respondent from the Government Home for Women, Trichy. The petitioner, before taking his mother, 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, report before the District Munsif Cum Judicial Magistrate, Vanur, once in a week on Monday at 10.30 a.m., till the P.O. report is submitted before the Court.

5. This Criminal Original Petition is disposed of, with the above directions. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar SSI

To

1. The District Munsif Cum Judicial Magistrate, Vanur.

2. The Inspector of Police, Kottakuppam Police Station, Villupuram District.

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

4. The Superintendent, Government Home for Women, Trichy.

5. The Additional Public Prosecutor, High Court of Madras.

Crl.O.P.No.10146 of 2020 PVS(CO) CB(18/08/2020)