This revision arises against the order of learned Judicial Magistrate V, Coimbatore, passed in C.M.P.No.147 of 2017 in S.T.C.No.3817 of 2016 on 10.01.2017.

2. Pursuant to registration of a case in Crime No.492 of 2016 on the file of respondent for offences under section 3(1) r/w 4(2)(c) of the Act altered to 4(2)(c) of the Immoral Traffic (Prevention) Act, 1956, (hereinafter referred to as 'Act'), second petitioner (hereinafter referred to as 'victim') has been placed in the custody of Government Mahalir Home, Sanganur Road, Ganapathy, Coimbatore. Charge sheet has been filed against three accused informing commission of offence under section 4(2)(c) of the Act. The case was put up for trial in S.T.C.No.3817 of 2016 on the file of learned Judicial Magistrate V, Coimbatore. First petitioner/mother of the victim filed C.M.P.No.147 of 2017 seeking custody of her daughter, the victim. The petition was moved on 09.01.2017. Court below having called for a report from the Probation Officer on 07.11.2016 and being in receipt of the said report dated 03.01.2017, has dismissed the petition on 10.01.2017 informing reasons why it found it not proper to place the victim in the custody of first petitioner 'at this stage'. This revision is preferred against such order.

3. Heard learned counsel for petitioners and learned Government Advocate [Crl.side].

4. Sections 15, 16 and 17 of the Act read as follows:

"15. Search without warrant.-

(1) Notwithstanding anything contained in any other law for the time being in force, whenever the special police officer or the trafficking police officer as the case may be, has reasonable grounds for believing that an offence punishable under this Act has been or is being committed in respect of a person living in any premises, and that search of the premises with warrant cannot be made without undue delay, such officer may, after recording the grounds of his belief, enter and search such premises without a warrant.

(2) Before making a search under sub-section (1), the special police officer or the trafficking police officer, as the case may be shall call upon two or more respectable inhabitants (at least one of whom shall be a woman) of the locality in which the place to be searched is situate, to attend and witness the search, and may issue an order in writing to them or any of them so to do:

[Provided that the requirement as to the respectable inhabitants being from the locality in which the place to be searched is situate shall not apply to a woman required to attend and witness the search.]

(3) Any person who, without reasonable cause, refuses or neglects, to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under Section 187 of the Indian Penal Code (45 of 1860).

(4) The special police officer or the trafficking police officer, as the case may be, entering any premises under subsection (1) shall be entitled to remove therefrom all the persons found therein.

(5) The special police officer or the trafficking police officer, as the case may be, after removing the person under sub-section (4) shall forthwith produce him before the appropriate Magistrate.

(5-A) Any person who is produced before a Magistrate under sub-section (5), shall be examined by a registered medical practitioner for the purposes of determination of the age of such person, or for the detection of any injuries as a result of sexual abuse or for the presence of any sexually transmitted diseases.

Explanation.- In this sub-section, "registered medical practitioner" has the same meaning as in the Indian Medical Council Act, 1956 (102 of 1956).

(6) The special police officer or the trafficking police officer, as the case may be, and other persons taking part in, or attending, and witnessing a search shall not be liable to any civil or criminal proceeding against them in respect of anything lawfully done in connection with, or for