Rupali Sachin Sable v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2019
CORAM
THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.28839 of 2019 and Crl.M.P.No.15397 of 2019 Rupali Sachin Sable
...Petitioner
Vs.
1. Inspector of Police, Anti Vice Squad - I, Chintadripet, Chennai.
(Crime No.53 of 2019)
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. Bedana Alamin Shaikh
...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 Bedana Alamin Shaikh and in pursuance direct the learned Judicial Magistrate No.I, Poonamalle, to dispose the Crl.M.P.No.5500 of 2019 in Crime No.53 of 2019 on the file of the 1st respondent as expeditiously.
For Petitioner : Mr.R.Elavarasan For Respondents : Mr.C.Iyyapparaj Additional Public Prosecutor for R1 to R3 1/3
O R D E R
This petition has been filed by the sister 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.53 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 sister of the 4th respondent, namely Bedana Alamin Shaikh, who was produced before the learned Judicial Magistrate No.I, Poonamalle, 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.5500 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. Taking into consideration the earlier order passed by this Court in Crl.O.P.No.23080 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 her sister, 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 No.I, Poonamalle, 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(CO) //True Copy// Sub Assistant Registrar 2/3
hvk/jas To
1. The Judicial Magistrate No.I, Poonamalle.
2. The Inspector of Police, Anti Vice Squad - I, Chintadripet, Chennai.
(Crime No.53 of 2019)
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.
+1cc to Government Pleader sr.87356 Crl.O.P.No.28839 of 2019 and Crl.M.P.No.15397 of 2019 sai(co) nr 25/10/2019 3/3