Pushpa v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN, J. Crl.O.P.No.12936 of 2020 and Crl.M.P.No.5045 of 2020 Pushpa ... Petitioner Vs.

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

(Crime No.30 of 2020).

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

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

4.Komala ... 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 Komala and in pursuance direct the IV Metropolitan Magistrate, Saidapet, Chennai to dispose the Crl.M.P.No.1961 of 2020 in Crime No.30 of 2020, on the file of the 1st respondent as expeditiously.

For Petitioner : Mr.L.Saravanan For R1 to R3 : Mr.S.Karthikeyan, Additional Public Prosecutor 1/3

O R D E R

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 1st respondent registered an FIR in Crime No.30 of 2020 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 4th respondent, namely Komala, 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.1961 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.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 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 his 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, 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.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar 2/3

To 1.The IV Metropolitan Magistrate, Saidapet, Chennai 2.The State Rep by The Inspector of Police, AVS-I, Chennai.

(Crime No.30 of 2020).

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

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

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

+1 cc to Mr.L.Saravanan Advocate sr 27566 Crl.O.P.No.12936 of 2020 aa03/09/2020 3/3