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Archana Sadasivan vs State Of Kerala on 24 April, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ASHOK MENON

WEDNESDAY, THE 24TH DAY OF APRIL 2019 / 4TH VAISAKHA, 1941

Bail Appl..No. 2128 of 2019

CRIME NO.44/2019 OF MADHU VIHAR POLICE STATION, EAST DISTRICT IN
NEW DELHI

PETITIONERS/ACCUSED 2 TO 4:

1 ARCHANA SADASIVAN,
AGED 33 YEARS
(A2), S/O.KRISHNAN SADASIVAN, PERUMBALLIMALIKKAL,
NAMRAPARUVIKALA, MARU SOUTH, ALUMKADAVU P.O.,
KARUNAGAPPALLY, KOLLAM DISTRICT, KERALA STATE.

2 KRISHNAN SADASIVAN,
AGED 72 YEARS
(A3), PERUMBALLIMALIKKAL, NAMRAPARUVIKALA, MARU
SOUTU, ALUMKADAVU P.O., KARUNAGAPPALLY, KOLLAM
DISTRICT, KERALA STATE.

3 SUDHA DEVAKI,
AGED 68 YEARS
(A3), W/O.KRISHNAN SADASIVAN, PERUMBALLIMALIKKAL,
NAMRAPARUVIKALA, MARU SOUTH, ALUMKADAVU P.O.,
KARUNAGAPPALLY, KOLLAM DISTRICT, KERALA STATE.

BY ADVS.
SRI.BINU GEORGE
SMT.HEMALATHA

RESPONDENTS/STATE:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA.

2 STATION HOUSE OFFICER,
KARUNGAPPALLY POLICE STATION, KOLLAM DISTRICT.

3 STATION HOUSE OFFICER,
MADHU VIHAR POLICE STATION, EAST DISTRICT, NEW DELHI.

SRI E.C BINEESH PP

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.04.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 2128 of 2019

ORDER

The petitioners are the accused nos. 2 to 4 in Crime

No.44/2019 of Madhu Vihar Police Station, East District in New

Delhi for having allegedly committed offences punishable under

Sections 498A and 406 r/w Section 34 of IPC.

2. The prosecution case in brief is that the petitioners

along with the 1st accused, who is the husband of the defacto

complainant had subjected the defacto complainant to cruelty in

demand for dowry and had mentally and physically assaulted.

The petitioners are all residing in Karunagapally and the cruelty

had taken place in USA and also in Delhi, says the learned public

prosecutor. The petitioners are willing to cooperate with the

investigation. There is no possibility of their absconding. The

custodial interrogation of the petitioners does not appear to be

necessary. In the result, this petition is allowed on the following

conditions.

(i) In the event of the petitioners being arrested,
they shall be released on bail on their executing bond
for a sum of Rs.1,00,000/- (Rupees One Lakh only)
with two solvent sureties each for the like sum to the
satisfaction of the Investigating Officer.
Bail Appl..No. 2128 of 2019

3

(ii) They shall not attempt to influence or intimidate
the defacto complainant or the witnesses.

(iii) They shall appear before the Investigating
Officer as and when called for and cooperate with the
investigation.

(iv) In case of breach of bail conditions, the
prosecution shall be at liberty to apply for
cancellation of bail.

Sd/-

ASHOK MENON
JUDGE

bng/24.04.19

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