Madras High Court
D.Kalaiyarasan vs State Represented By Its on 2 August, 2022
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
Crl.O.P.No.17529 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
Crl.O.P.No.17529 of 2022
and
Crl.M.P.No.10933 of 2022
D.Kalaiyarasan .. Petitioner
Vs.
1. State represented by its
Inspector of Police,
T-15 Kannagi Nagar Police Station,
Chennai - 600 097.
2. The Chief Probation Superintendent,
The office of the Chief Probation Officer,
CMDA Town - II, 2nd Floor,
Egmore, Chennai.
3. The Superintend,
Government Home for Women,
Mylapore, Chennai - 600 004.
4. K.Menaka .. Respondents
Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., seeking
a direction to the 3rd respondent to file a report pertaining to the detention of
the detenue by name Menaka W/o Kalaiyarasen aged about 36 years and in
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Crl.O.P.No.17529 of 2022
pursuance direct the learned Judicial Magistrate II, Alandur to dispose of the
Crl.M.P.No.1364 of 2022 in Cr.No.261 of 2022 expeditiously.
For Petitioner : Mr.K.M.Devan
For Respondents 1 to 3 : Mr.E.Raj Thilak
Additional Public Prosecutor
Respondent 4 : Appeared in person
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ORDER
This petition has been filed seeking a direction to the lower Court to dispose of the petition in Crl.M.P.No.1364 of 2022 in Crime No.261 of 2022 registered for offences punishable under Sections 3(2)(a), 4(1) & 5(1)(a) of Immoral Traffic Prevention Act.
2. The above petition is for custody of the victim/4th respondent who has been lodged in the Home.
3. The case of the prosecution is that the victim/4th respondent was found in a brothel home. Now the petitioner, who is her husband filed this petition seeking release of the victim from the third respondent Home. https://www.mhc.tn.gov.in/judis 2/5 Crl.O.P.No.17529 of 2022 Accordingly, this Court directed the respondent police to produce the victim before this Court to identify whether the petitioner is her real husband.
4. Today, when the matter was taken up, the victim/4th respondent was produced before this Court and she submitted that she has joined a job through OLX and she was subjected to sexual harassment and she was rescued by the respondent police and was lodged in the Government Home for Women, Mylapore. She submitted that she has two minor children studying in the school. She submitted that the petitioner is her husband and she is willing to go along with him.
5. Mr.S.Anandakumar, the Sub Inspector of Police attached with the first respondent police station has also submitted that the victim and the petitioner are husband and wife.
6. The petitioner has produced the ration card and aadhar card of the victim for verification. There is no dispute in the identify of the victim. Therefore, continuous stay of the victim in the Home will affect her mental health and also cause serious trauma on the children. In such view of the https://www.mhc.tn.gov.in/judis 3/5 Crl.O.P.No.17529 of 2022 matter, instead of remanding the matter to the the lower Court, this Court exercising its power under Section 482 of Cr.P.C. orders release of the victim/4th respondent from the Government Home for Women, Mylapore, Chennai -4. Accordingly, the third respondent, Superintendent, Government Home for Women, Mylapore, Chennai - 4 is directed to release the victim/4th respondent forthwith. With the above direction the criminal original petition is ordered. Consequently, the connected miscellaneous petition is closed.
02.08.2022 kk To
1. The Inspector of Police, T-15 Kannagi Nagar Police Station, Chennai - 600 097.
2. The Chief Probation Superintendent, The office of the Chief Probation Officer, CMDA Town - II, 2nd Floor, Egmore, Chennai.
3. The Superintend, Government Home for Women, Mylapore, Chennai - 600 004.
4. The Public Prosecutor, Madras High Court.
https://www.mhc.tn.gov.in/judis 4/5 Crl.O.P.No.17529 of 2022 N.SATHISH KUMAR, J.
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