Kalaivani v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.10.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.15508 of 2020 and Crl.M.P.No.5912 of 2020 Kalaivani

...Petitioner

Vs 1.State rep. by The Inspector of Police, V-4, Rajamangalam Police Station, Chennai.

Crime No.969 of 2020.

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.Bhuvaneshwari

...Respondents

Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 2nd respondent to file a report pertaining to the detention of the detenue by name Bhuvaneshwari, D/o.Babu, aged about 24 years and in pursuance direct the learned IV Metropolitan Magistrate, Saidapet, to dispose of the Crl.M.P.No.87 of 2020 in Crime No.969 of 2020 as expeditiously.

For Petitioner : Mr.V.Bhagyaraj For Respondents : Mr.S.Karthikeyan, 1 to 3 Additional Public Prosecutor

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 fourth respondent Government Home for Woman.

2. The first respondent registered an First Information Report in Crime No.969 of 2020 for the offences under Sections 3(2)(a), 4(1), 5(1)(a) of Immoral Traffic Prevention Act r/w Section 4(1)(k) of T.N.Prohibition Act & 188, 269 of IPC. The petitioner is the mother of the fourth respondent, namely Bhuvaneshwari, who was produced before the learned IV Metropolitan Magistrate, Saidapet 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.87 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 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 learned 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 criminal miscellaneous petition is closed.

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

To 1.The Inspector of Police, V-4, Rajamangalam Police Station, 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.The Public Prosecutor, High Court, Madras.

+1cc to M/s.V.Bhagyaraj, Advocate, S.R.No.32312 Crl.O.P.No.15508 of 2020 and Crl.M.P.No.5912 of 2020 SAI(CO) KKV/09/10/2020