T.Rahamadhullah v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.08.2019
CORAM
THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.21173 of 2019 and Crl. MP Nos.10968 of 2019 T.Rahamadhullah
...Petitioner
.Vs.
1. Inspector of Police, Anti Vice Squad - I, Chindadripet, Chennai
2. The Chief Probation Superintendent, 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. Jerina Begum
...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 detenu by name Jerina Begam and in pursuance direct the IV Metropolitan Magistrate, Saidapet, Chennai to dispose the Crl MP No.not known of 2019 in Crime No.32 of 2019 on the file of the 1st respondent as expeditiously.
For Petitioner : Mr.V.Ravi For Respondents: Mr.Mohammed Riyaz Additional Public Prosecutor for R1 to R3.
O R D E R
This petition has been filed by the Father 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.32 of 2019 for the offences under Sections 3(2)(a), 4(1) and 5(1) (a) of Immoral Traffic Prevention Act, 1956. The petitioner is the father of the fourth respondent, namely Jerina Begum was produced before the IV Metropolitan Magistrate Court, Saidapet, Chennai showing her as a victim and she was detained in the home on 03.08.2019.
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 orders 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 orders 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 his 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 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.
rka Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar To
1. The Inspector of Police, Anti Vice Squad - I, Chindadripet, Chennai
2. The Chief Probation Superintendent, 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 of Madras,Chennai.
+1cc to Mr.V.Ravi, Advocate, SR.No.66907 Crl.O.P.No.21173 of 2019 and Crl.M.P.No.10968 of 2019 Kak(06/08/2019)