IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 Bail Appl..No. 102 of 2010() ------------------------------------- CRIME NO.10/2009 OF MUVATTUPUZHA POLICE STATION, ERNAKULAM PETITIONER/ACCUSED: ------------------------------------- JOY MATHEW, AGED 52 YEARS, S/O. MATHEW, POTTACKAL HOUSE, RAKKAD, VALLAKAM, MEKKADAMBU.P.O, MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.S.JAYAKRISHNAN RESPONDENTS/ COMPLAINANT: -------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE, MUVATTUPUZHA POLICE STATION. ADV. SRI.M.R.NANDAKUMAR(DEFACTO COMPLAINANT) SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 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