Kalpana Mahadeo Tonpe v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2019

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.18627 of 2019 and Crl.M.P.No.9456 of 2019 Kalpana Mahadeo Tonpe ... Petitioner Vs.

1. The Inspector of Police, Anti Vice Squad-II, Chindadripet, (Crime No.20 of 2019)

2. The Chief Probation Superintendent, The Office of Chief Probation Office, CMDA Tower II, 2nd Floor, Egmore, Chennai 600 008.

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

4. Jetali @ Jetali Mahadev Tonpe ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent to file a report pertaining to the detention of the detenue by name Jetali Mahadev Tonpe and in pursurance direct the IV Metropolitan Magistrate, Saidapet, Chennai to dispose of the Criminal MP No.not known of 2019 in Crime No.20 of 2019 on the file of the 1st respondent as expeditiously as possible. For Petitioner : Mr.R.Mohanan For R1 to R3 : Mr.M.Mohamed Riyaz 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 3rd respondent Government Home for Woman. The first respondent registered an FIR in Crime No.20 of 2019 for the offences under Sections 3(2)(a), 4(1) and 5(1) (a) of Immoral Traffic Prevention Act, 1956. The petitioner's

daughter namely Jetali @ Jetali Mahadev Tonpe was produced before the IV Metropolitan Magistrate Court, Saidapet, Chennai showing her as a victim and she was detained in the home on 06.07.2019.

The learned counsel for the petitioner submitted that the petitioner filed a petition in Crl.M.P.No.Not Known of 2019 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.

The learned counsel for the petitioner brought to the notice of this Court the earlier order passed by this Court in Crl.O.P.No.29421 of 2019, Crl OP No.2525 of 2019, Crl OP No.8202 of 2019 and Crl OP No.8733 of 2019, wherein this Court has dealt with an issue of similar nature.

Taking into consideration the earlier order passed by this Court 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 her 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 Court, Saidapet, Chennai, once in a week on Monday at 10.30 a.m., till the P.O report is submitted before the Court. 6 This Criminal Original Petition is disposed of, with the above direction. Consequently, the connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar ssr To 1.The Chief Metropolitan Magistrate, Egmore, 2.The IV Metropolitan Magistrate, Saidapet, Chennai

3. The Inspector of Police, Anti Vice Squad-II, Chindadripet,

4. The Chief Probation Superintendent, The Office of Chief Probation Office, CMDA Tower II, 2nd Floor, Egmore, Chennai 600 008.

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

6. The Public Prosecutor, High Court of Madras, +3ccs to Mr.R.Mohanan, Advocate, S.R.No.59428 & 59863 Crl.O.P.No.18627 of 2019 and Crl.M.P.No.9456 of 2019 PP(CO) RRS(16/07/2019)