Kamalakshi v. State Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.09.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.24469 of 2019 Kamalakshi

...Petitioner

Versus

1.State Inspector of Police, Sulur Police Station, Sulur, Coimbatore District.

2.The Chief Probation Officer, 1st Floor, Coimbatore, Collectorate Office Compund, Coimbatore-641018.

3.The Superintendent, Government Protective Home, 315A, Kanthasamy garden street, Sanganoor, Coimbatore-641027.

4.Sindu

...Respondents

Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 3rd respondent to file a report pertaining to the detention of the detenue by name Sindu and in pursuance direct the Judicial Magistrate Court, Sulur to dispose Crl.M.P.No.2689 of 2019 in Crime No.705 of 2019 as expeditiously. For Petitioner : Mr.S.Senthilvel For Respondents: Mr.C.Iyyapparaj, (for R1 to R3) Additional Public Prosecutor : No Appearance - R4

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 Protective Home.

2. The 1st respondent registered an FIR in Crime No.705 of 2019 for the offences under Sections 3(2)(a), 3(2)(b), 4(2) (c), and 5(1)(a), of Immoral Traffic Prevention Act, 1956. The petitioner is the mother of the 4th respondent, namely Sindu, who was produced before the learned Judicial Magistrate Court, Sulur 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.2689 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.

4. 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.27063 of 2018, Crl.O.P.No.26714 of 2018, Crl.O.P.No.29421 of 2018 and Crl.O.P.No.18627 of 2019, wherein this Court has dealt with an issue of similar nature.

5. 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 Protective Home, 315A, Kanthasamy garden Street, Sanganoor, Coimbatore. 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 learned Judicial Magistrate Court, Sulur, 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 directions.

Sd/- Assistant Registrar (CS-) //True Copy// Sub Assistant Registrar sbn/klt

To 1.The Inspector of Police, Sulur Police Station, Sulur, Coimbatore District.

2.The Chief Probation Officer, 1st Floor, Coimbatore, Collectorate Office Compund, Coimbatore-641018.

3.The Superintendent, Government Protective Home, 315A, Kanthasamy garden street, Sanganoor, Coimbatore-641027..

4.The Public Prosecutor, High Court of Madras.

5.The Judicial Magistrate, Sulur.

+1cc to Mr.S.Senthilvel Advocate, S.R.No.82006 VGI(CO) CB(26/09/2019) Crl.O.P.No.24469 of 2019