Yemlong Chaba v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.09.2019
CORAM
THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.OP.No.23489 OF 2019 Yemlong Chaba
...Petitioner
Vs 1.State rep. by The Inspector of Police, AVS-II, Chindadripet, Chennai-2.
2.The Chief Probation Superintendent, The Office of Chief Probatin Office, CMDA Tower-II, 2nd Floor, Egmore, Chennai.
3.The Superintendent, Government Home for Women, Mylapore, Chennai-4.
4.Sajang Mansa @ Sejung Mansa
...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to grant a general direction, directing the second respondent to file a report pertaining to the detention of the detenue by name Sajang Mansa @ Sejung Mansa and direct the IV M.M, Saidapet, Chennai to dispose of the Crl.M.P.No. Not known of 2019 in Cr.No.29 of 2019 as expeditiously. For Petitioner : Mr.S.Prabhudoss For Respondents 1-3 : Mr.C.Iyyapparaj Additional Public Prosecutor.
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.
2.The first respondent registered an FIR in Crime No.29 of 2019 for the offences under Sections 3(2)(a), 4(1) and 5(1)(a) of Immoral Traffic Prevention Act, 1956. The fourth respondent, namely Sajang Mansa @ Sejung Mansa was produced before the IV Metropolitan Magistrate Court, Saidapet, Chennai 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 2019 before the Court below seeking for the release of the fourth respondent herein 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.5667 of 2019, Crl.OP.No.3227 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 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.
s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar To 1.The IV Metropolitan Magistrate Saidapet, Chennai 2.The Inspector of Police, AVS-II, Chindadripet, Chennai-2.
3.The Chief Probation Superintendent, The Office of Chief Probatin Office, CMDA Tower-II, 2nd Floor, Egmore, Chennai.
4.The Superintendent, Government Home for Women, Mylapore, Chennai-4.
5.The Additional Public Prosecutor, Madras High Court.
+1 CC to Mr.S.Prabhudoss, Advocate sr 79787.
CRL.OP.No.23489 OF 2019 SJ(CO) SP(23/09/2019)