IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 WP(C).No. 1546 of 2008(H) ------------------------------ S.T. NO. 86/2007 of JUDICIAL FIRST CLASS MAGISTRATE-II, TRIVANDRUM PETITIONER: ------------ SABU.S., S/O.SHUNMUGHAM PILLAI, PROPRIETOR OF T.V.K.GARMENTS, OPP.OLD SREEKANTESWARAM TEMPLE, CHETTIKULANGARA, THIRUVANANTHAPURAM. BY ADV. SRI.M.RAMASWAMY PILLAI SRI. RADHAKRISHNAN P.M. JOSEPH RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI. 2. SURESH KUMAR, PROPRIETOR OF MENTONE CLOTHINGS, RESIDING AT RESHMI NIVAS, THOPPIL LANE, ANAYARA, THIRUVANANTHAPURAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2008, ALONG WITH W.P.(C) NOS. 1547, 1548, 1563 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. =============================== W.P.(C). Nos. 1546, 1547, 1548, 1563 of 2008 ================================ Dated this the 14th day of January, 2008. JUDGMENT The common petitioner in these writ petitions filed under Article 227 of the Constitution of India is the common accused in S.T Nos. 86, 119, 121 and 87 of 2007 respectively before the Judicial First Class Magistrate-II, Trivandrum. All the cases are prosecutions under Section 138 of the Negotiable Instruments Act, 1881. Admittedly Non bailable warrants of arrest are pending against the petitioner. According to the petitioner, as per Ext.P2 medical certificate he has been undergoing ayurvedic treatment from 02.01.2008 onwards and six months' treatment and rest have been prescribed by the doctor. Ext.P2 is not the medical certificate issued by a medical practitioner of any Government Hospital or Health Centre. It is the certificate issued by a private practitioner. Hence, much credence cannot be given to the same. The circumstances under which Non bailable warrants of arrest came to be issued against the petitioner are not discernible. Hence the proper course for the petitioner would W.P.(C). Nos. 1546, 1547, 1548, 1563 of 2008 : 2: be to surrender before the Magistrate and seek regular bail. Accordingly, these writ petitions are disposed of permitting the petitioner to surrender before the Magistrate and file applications for bail within one month from today. In case the petitioner complies with the above condition, the bail applications filed by the petitioner shall be disposed of preferably on the same day on which such applications are filed after examining the explanation offered by the petitioner for his previous non-appearance and also after examining the medical grounds put forward by the petitioner. Until then, the non bailable warrants of arrest, if any, pending against the petitioner shall not be executed. Writ petitions are disposed of as above. V. RAMKUMAR, JUDGE. rv W.P.(C). Nos. 1546, 1547, 1548, 1563 of 2008 : 3: