IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 WP(C).No. 25618 of 2011(B) -------------------------- PETITIONER(S): --------------- 1. BINDU JOSEPH,AGED 37 YEARS, W/O.MATHEW V.J (JOBEN), VALIYAPRAMBIL HOUSE,AYARKUNNAM P.O, KOTTAYAM DISTRICT. 2. JOBEN @ MATHEW V.J, VALIYAPRAMBIL HOUSE,AYARKUNNAM P.O, KOTTAYAM DISTRICT. BY ADV. SRI.N.JAMES KOSHY SRI.T.SANJAY RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, KOTTAYAM DISTRICT, KOTTAYAM. 2. THE CIRCLE INSPECTOR OF POLICE, ETTUMANOOR POLICE STATION, ETTUMANOOR, KOTTAYAM DISTRICT. 3. JOSE JOSEPH,S/O.JOSEPH,VELLAMTHADATHIL HOUSE,MARIKA P.O, KOOTHATTUKULAM. PUBLIC PROSECUTOR SMT. R. REMA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 25618/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1. TRUE COPY OF THE DISCHARGE SUMMARY AND HISTOPATHOLOGY REPORT ISSUED FROM THE KARITHAS HOSPITAL DATED 06.05.2011. EXHIBIT P2. TRUE COPY OF THE COMPLAINT AS C.M.P NO. 1236 OF 2011 FILED JUDICIAL FIRST CLASS MAGISTRATE COURT-1, ETTUMANOOR DATED 02.05.2011. EXHIBIT P3. TRUE COPY OF THE O.P (DIVORCE) NO.252/2011 DATED 25.02.2011 PENDING ON THE FILE OF THE FAMILY COURT, ETTUMANOOR. EXHIBIT P4. TRUE COPY OF THE PROCEEDINGS OF THE B-DIARY IN RESPECT OF O.P (DIVORCE) NO.252/2011 IN FROM NO.7 OF THE FAMILY COURT, ETTUMANOOR. EXHIBIT P5. TRUE COPY OF THE FIR IN CRIME NO. 422/2011 DATED 02.05.2011 REGISTERED BY THE 2ND RESPONDENT. EXHIBIT P6. TRUE COPY OF THE ORDER PASSED BY THE SESSIONS COURT, KOTTAYAM IN CRL.M.P NO. 1538/2011 DATED 16.05.2011. EXHIBIT P7. TRUE COPY OF THE COMMUNICATION ISSUED BY THE DEPARTMENT OF HOMELAND SECURITY IN RESPECT OF THE APPLICATION OF BINDU JOSEPH. EXHIBIT P8. TRUE COPY OF THE PETITION DATED 02.08.2011 FILED BY 2ND PETITIONER TO THE IST RESPONDENT. RESPONDENTS' EXHIBITS:NIL /TRUE COPY/ P.A. TO JUDGE. dnc N.K.BALAKRISHNAN, J. ------------------------------- W.P.(C) No.25618 of 2011 ------------------------------- Dated this the 21st day of October, 2011. J U D G M E N T The petitioners are the accused. They contend that though the crime was registered against them, the investigation has not been completed. They were granted bail with certain directions. It is submitted that the parents of the petitioner and other relatives are in USA and that these petitioners are also to join them, but only because of this case they find it difficult to move out of the country. 2. Learned Public Prosecutor, on instructions, submits that the girl who was stated to have been subjected to cruelty is abroad and has not come to the native place to be questioned and that is the difficulty in finalising the investigation. Learned counsel for the petitioner submits that, the crime cannot be allowed to be kept pending indefinitely putting the petitioner to suffer irreparably, as their right to go to their place of avocation is denied by 2 W.P.(C) No.25618 of 2011 registering a crime. In view of what is stated above, the Investigating Officer is directed to complete the investigation within three months from this date and file the final report accordingly. N.K.BALAKRISHNAN Judge. ami/