Amarnath Reddy v. State Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.10.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.27987 of 2019 Amarnath Reddy

...Petitioner

Vs.

1. State Inspector of Police, Anti Vice Squad, 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. Kalpana Reddy

...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 Kalpana Reddy, and in pursuance direct the Judicial Magistrate Court No.1, Poonamalee to dispose Crl.M.P.No.2689 of 2019 in Crime No.50 of 2019 as expeditiously.

For Petitioner : Mr.S.Senthilvel 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.50 of 2019 for the offences under Sections 3(2)(a), 4(1) and 5(1)(a) of Immoral Traffic Prevention Act, 1956. The petitioner is the husband of the 4th respondent, namely Kalpana Reddy, who was produced before the learned Judicial Magistrate-I, Poonamalee, 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.50 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. Taking into consideration the earlier orders passed by this Court in Crl.O.P.No.27063 of 2018, Crl.O.P.No.26714 of 2018 and Crl.O.P.No.29421 of 2019, 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 wife, 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 learned Judicial Magistrate-I, Poonamalee 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 stands disposed of, with the above directions.

Sd/- Asst.Registrar (CS VII) /true copy/ Sub Asst. Registrar To

1. The Judicial Magistrate Court No.1, Poonamalee.

2. The Inspector of Police, Anti Vice Squad, 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.

+1 cc to M/s.S.Senthilvel Advocate sr87647 Crl.O.P.No.27987 of 2019 gp(co) aa21/10/2019