Saif Ali Khan v. State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.10.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.15668 of 2020 and Crl.M.P.No.6002 of 2020 Saif Ali Khan ... Petitioner Vs

1. State Represented by its The Inspector of Police, Saravanampatti Police Station, Coimbatore.

2. The Regional Probation Officer, Coimbatore Region, Old Collectorate Building 1st Floor, Coimbatore 641 018.

3. The Superintendent, Government Protective Home, No.315-A, Kannasamy Gounder Street, Sanganoor, Rathinapuri Post, Coimbatore 641 025.

4.Uzma Khanum ... 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 Uzma Khanum D/o.Khaleel Ulla Khan aged about 23 years and in pursuance direct the learned Judicial Magistrate - II, Coimbatore, to dispose of the Crl.M.P.No. Not Known of 2020 in Crime No.2082 of 2020 as expeditiously.

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

O R D E R

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

2. The first respondent registered an First Information Report in Crime No.2082 of 2020 for the offences under Sections 269 of IPC and 4(2)(c), 3(2)(a) & 5(1)(a) of Immoral Traffic Prevention Act, 1956. The petitioner is the brother of the fourth respondent, namely Uzma Khanum, who was produced before the learned Judicial Magistrate - II, Coimbatore 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 sister 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, Coimbatore. The petitioner, before taking her sister, 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 Coimbatore and report before the learned Judicial Magistrate - II, Coimbatore, 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.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar rna To 1.The Judicial Magistrate No.II Coimbatore

2.The Inspector of Police, Saravanampatti Police Station, Coimbatore.

3.The Regional Probation Officer, Coimbatore Region, Old Collectorate Building 1st Floor, Coimbatore 641 018.

4.The Superintendent, Government Protective Home, No.315-A, Kannasamy Gounder Street, Sanganoor, Rathinapuri Post, Coimbatore 641 025.

5.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.V.Bhagyaraj, Advocate sr 32313.

Crl.O.P.No.15668 of 2020 and Crl.M.P.No.6002 of 2020 SAI(CO) SP(01/10/2020)