Rani Mondal v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.19944 of 2023 and Crl.M.P.No.13540 of 2023 Rani Mondal ... Petitioner Vs.

1. State Rep. by The Inspector of Police, R-2, Kodambakkam Police Station, Chennai.

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. Riya Mondal ... 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 Riya Mondal and direct the IV Metropolitan Magistrate, Saidapet, Chennai to dispose of the Criminal MP No.13086 of 2023 on the file of 1st

respondent as expeditiously.

For Petitioner : Mr.L.Saravanann For Respondents : Mr.A.Damodaran Additional Public Prosecutor

O R D E R

This petition has been filed by the elder sister of the detenue seeking for release of the detenue, who is now detained before the 3rd respondent Government Home for Woman. 2.

The first respondent registered an FIR in Crime No.132 of 2023 for the offences under Sections 3(2)(a), 4(1) and 5(1)(a) of Immoral Traffic Prevention Act, 1956. The petitioner is the elder sister of the fourth respondent, namely Riya Mondal was produced before the IV Metropolitan Magistrate Court, Saidapet, Chennai showing her as a victim and she was detained in the home on 20.06.2023.

3.

The learned counsel for the petitioner submitted that the petitioner filed a petition in Crl.M.P.No.13086 of 2023 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.

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.

5.

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 sister 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.

31.08.2023 rka Index: Yes/No Internet: Yes/No To

1. State Rep. by The Inspector of Police, R-2, Kodambakkam Police Station, Chennai.

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.The Public Prosecutor, High Court of Madras,Chennai.

N.ANAND VENKATESH.,J rka Crl.O.P.No.19944 of 2023 and Crl.M.P.No.13540 of 2023

31.08.2023