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Kerala High Court
Joy Mathew vs State Of Kerala on 29 January, 2010
       

  

  

 
 
  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,

Ernakulam.

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
2

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

scm


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