Imti Chuba v. State Rep.By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.11.2019
CORAM
THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.31385 of 2019 and Crl.M.P.No.17150 of 2019 Imti Chuba
...Petitioner
Vs.
1. State rep. by its Inspector of Police, K-4, Anna Nagar Police Station, 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. Sepond Tola
...Respondents
Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to directing the 2nd respondent to file a report pertaining to the detention of the detenue by name Sepong Tala D/o Thunglem Lemba aged about 19 years and in pursuance direct the IV Metropolitan Magistrate, Saidapet, Chennai to dispose the Crl.M.P.No.Not known of 2019 in Crime No.638 of 2019 as expeditiously.
For Petitioner : Mr.V.Bhagyaraj 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 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.638 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 brother of the 4th respondent, namely Sepong Tola, 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 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 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 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 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 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(CS IV) //True Copy// Sub Assistant Registrar 2/3
To
1. IV Metropolitan Magistrate Court, Saidapet, Chennai.
2. The Inspector of Police, K-4, Anna Nagar Police Station, 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.
+1cc to Mr.V.Bhagyaraj, Advocate sr.97329 Crl.O.P.No.31385 of 2019 and Crl.M.P.No.17150 of 2019 rsv(co) nr 22/11/2019 3/3