Periyasamy @ Kambanooran v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.09.2019
CORAM
THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.26148 of 2019 and Crl.M.P.No.13943 of 2019 Periyasamy @ Kambanooran
...Petitioner
Vs.
1. The Inspector of Police, AVS-II, 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 - 600004.
4. Nandhini
...Respondents
Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to grant a general direction directing the 2nd respondent (Chief Probation Officer) to file a report pertaining to the 4th respondent (Victim) namely Nandhini and in pursuance direct the IV Metropolitan Magistrate, Saidapet, Chennai to dispose the Crl.M.P.No.300 of 2019 in Crime No.44 of 2019 as expeditiously.
For Petitioner : Mr.R.Muthukumar For Respondents : Mr.C.Iyyapparaj 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.
2. The 1st respondent registered an FIR in Crime No.44 of 2019 for the offences under Sections 3(2)(a), 4(1), 5(1) (a), 6(1) and 7(1) of Immoral Traffic Prevention Act, 1956. The petitioner is the father of the 4th respondent, namely Nandhini, who 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.300 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. Taking into consideration the earlier orders passed by this Court in Crl.O.P.No.26714 of 2018 and Crl.O.P.No.29421 of 2018, wherein this Court has dealt with an issue of similar nature 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.
5. This Criminal Original Petition is disposed of, with the above directions. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar(insp cell) //True Copy// Sub Assistant Registrar hvk
To
1. IV Metropolitan Magistrate Court, Saidapet, Chennai.
2. The Inspector of Police, AVS-II, Chennai.
3. The Chief Probation Superintendent, The Office of Chief Probation Office, CMDA Tower-II, 2nd Floor, Egmore, Chennai.
4. The Superintendent, Government Home for Women, Mylapore, Chennai - 600004.
5. The Public Prosecutor, High Court of Madras.
+3ccs to Mr.R.Muthukumar , Advocate SR.No. 82973 Crl.O.P.No.26148 of 2019 and Crl.M.P.No.13943 of 2019 A.SK(27/09/2019)