Saif Ali Khan v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2019

CORAM

THE HONOURABLE MR. JUSTICE V.PARTHIBAN Crl.O.P.No.27267 of 2019 and Crl.M.P.No.14456 of 2019 Saif Ali Khan

...Petitioner

Vs.

1. The Inspector of Police, Saravanampatti Police Station, .

Coimbatore.

2. The Regional Probation Officer, Coimbatore Region, Old Collectorate Building 1st Floor, Coimbatore - 641 018.

3. The Superintendent, Government Protective Home, No.315-A, Kannasamy Gounder Street, Sanganoor, Rathinapuri Post, Coimbatore - 641 027.

4. Uzma Khanum

...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 Uzma Khanum, daughter of Khaleel Ullak Khan and in pursuance direct the learned Judicial Magistrate No.II, Coimbatore, to dispose the Crl.M.P.No.6176 of 2019 in Crime No.1166 of 2019 on the file of the 1st respondent as expeditiously.

For Petitioner : Mr.V.Bhagyaraj For Respondents : Mr.C.Raghavan Government Advocate for RR1 to 3

O R D E R

This petition has been filed by the brother 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.1166 of 2019 for the offences under Sections 4(2) C5(1) & 5(1)(d) of Immoral Traffic (Prevention) Act, 1956. The petitioner is brother of the 4th respondent, namely Uzma Khanum, who was produced before the learned Judicial Magistrate No.II, Coimbatore, 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.6176 of 2019 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 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, No.315-A, Kannasamy Gounder Street, Sanganoor, Rathinapuri Post, Coimbatore - 641 027. The petitioner, before taking his 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 Coimbatore and report before the learned Judicial Magistrate No.II, Coimbatore, 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/- Vacation Officer/ Assistant Registrar //True Copy// Sub Assistant Registrar cgi

To

1. The Judicial Magistrate No.II, Coimbatore.

2. The Inspector of Police, Saravanampatti Police Station, .

Coimbatore.

3. The Regional Probation Officer, Coimbatore Region, Old Collectorate Building 1st Floor, Coimbatore - 641 018.

4. The Superintendent, Government Protective Home, No.315-A, Kannasamy Gounder Street, Sanganoor, Rathinapuri Post, Coimbatore - 641 027.

5. The Public Prosecutor, High Court of Madras.

+1cc to Mr.Bhagyaraj, Advocate, S.R.No.85566 Crl.O.P.No.27267 of 2019 and Crl.M.P.No.14456 of 2019 MG(CO) GN(10/10/2019)