IN THE HIGH COURT OF KERALA AT ERNAKULAM Bail Appl..No. 102 of 2010() 1. JOY MATHEW, AGED 52 YEARS, ... Petitioner Vs 1. STATE OF KERALA, REPRESENTED BY THE ... Respondent 2. SUB INSPECTOR OF POLICE, For Petitioner :SRI.S.JAYAKRISHNAN For Respondent :SRI.M.R.NANDAKUMAR(DEFACTO COMPLAINANT) The Hon'ble MR. Justice K.T.SANKARAN Dated :29/01/2010 O R D E R K. T. SANKARAN, J. ------------------------- B.A. No. 102 of 2010 ------------------------------- Dated this the 29th day of January, 2010 O R D E R
This is an application for anticipatory bail under Section 438
of the Code of Criminal Procedure. The petitioner is the accused
in Crime No.10 of 2009 of Muvattupuzha Police Station,
2. The offence alleged against the petitioner is under
Section 308 of the Indian Penal Code.
3. When the Bail Application came up for hearing on
15/01/2010, it was submitted that the petitioner and his wife
(the de facto complainant) are residing in the same house and
that the petitioner may be afforded an opportunity to appear
before the investigating officer and state the relevant facts. An
order was passed on 15/1/2010 permitting the petitioner to
appear before the investigation officer on 19/1/2010.
4. Today, the learned Public Prosecutor submitted that
the investigation was completed much earlier and charge sheet
was filed before the Judicial Magistrate of the First Class,
Muvattupuzha on 30/3/2009.
B.A. No. 102 /2010
5. In view of the fact that charge was laid before the
appropriate court, the proper remedy of the petitioner is to
approach that court and seek regular bail.
This Bail Application is accordingly closed.
K.T. SANKARAN, JUDGE