R.Indhumathi v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.05.2020

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Crl. M.P. No. 3978 of 2020 in Crl. O.P. No. 28660 of 2019 R. Indhumathi, D/o. Rakkiyannan, No. 88, Vaikkal Street, Kullampalaiyam Post, Gobichettipalayam Taluk, Erode.

..Petitioner/ Petitioner Vs.

The State represented by The Inspector of Police, AWPS - Coonur, The Nilgiris District.

..Respondent/ Respondent (Crime No. 03 of 2019) Prayer: Criminal Miscellaneous Petition filed seeking extension of time under Section 482 of Criminal Procedure Code. 1/5

For Petitioner : Mr. M. Lokesh For Respondent : Mr. M. Jothikumar Additional Public Prosecutor

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent Police for alleged offence punishable under Sections 498(A) and 494 of I.P.C. in Crime No. 03 of 2019, seeks extension of time. 2.The case of the prosecution is that, the de-facto complainant is wife of A1 and is having two children. A1 to A7 demanded dowry and threw the de-facto complainant out of the house. A2 to A7 got the petitioner married to A1. The petitioner, who is A8 filed Crl. O.P. No. 28660 of 2019, seeking anticipatory bail and this Court, considering the facts of the case and alleged offence, granted anticipatory bail to the petitioner, on certain conditions. The petitioner did not comply with the said conditions and has come out with the present petition for extension of time.

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3.The learned counsel appearing for the petitioner submitted that at the time of granting anticipatory bail, the petitioner was four months pregnant and suddenly, she was admitted in Hospital and she delivered a pre-matured baby on 22.01.2020 in Sudhan Hospital, Erode. Subsequently, she was not keeping good health. In view of the above, she could not comply with the conditions imposed by this Court and prayed for granting extension of time to comply with the conditions imposed by this Court by the order dated 25.11.2019 in Crl. O.P. No. 28660 of 2019.

4.The learned Additional Public Prosecutor appearing for the respondent Police submitted that the petitioner has not complied with the conditions imposed by this Court earlier and prayed for dismissal of the petition.

5.Heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondent Police and perused the materials available on record.

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6.Considering the reason given by the petitioner, this Court is inclined to extend the time for complying the conditions imposed by this Court vide order dated 25.11.2019 in Crl. O.P. No. 28660 of 2019. Accordingly, the petitioner is granted 15 days time from today to comply with the conditions imposed by this Court earlier by order dated 25.11.2019 in Crl. O.P. No. 28660 of 2019.

7.Accordingly, the Criminal Miscellaneous Petition is allowed. 26.05.2020 gsa Index : Yes / No Internet : Yes / No To 1.The Inspector of Police AWPS - Coonur, The Nilgiris District.

2.The Public Prosecutor, High Court, Madras.

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V.M.VELUMANI, J., gsa Crl. M.P. No. 3978 of 2020 in Crl. O.P.No.28660 of 2019 26.05.2020 5/5