Lawrence Dhasen v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.10.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.27495 of 2019 and Crl.M.P.No.14672 of 2019 Lawrence Dhasen

...Petitioner

Vs.

1. State by, The Inspector of Police, AVS-II, Chindadripet, Chennai-2.

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. Santhi

...Respondents

Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to grant a general direction directing the 2nd respondent to file a report pertaining to the detention of the detenue by name Santhi, direct the IV Metropolitan Magistrate, Saidapet, Chennai to dispose of the Crl.M.P.No.Not known of 2019 in Crime No.40 of 2019 as expeditiously.

For Petitioner : Mr.S.Prabhudoss For Respondents : Mr.C.Iyyapparaj Additional Public Prosecutor for R1 to R3

O R D E R

This petition has been filed by the husband 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.40 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 husband of the 4th respondent, namely Santhi, 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.Not Known of 2019 before the Court below, seeking for the release of the petitioner's wife 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.25636 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 his wife, 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 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 directions. Consequently, the connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar hvk/jas

1. IV Metropolitan Magistrate Court, Saidapet, Chennai.

2. The Inspector of Police, AVS-II, Chindadripet, Chennai-2.

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.

+1 cc to M/s.S.Prabhudoss Advocate sr86543 Crl.O.P.No.27495 of 2019 and Crl.M.P.No.14672 of 2019 aa16/10/2019