IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 Crl.MC.No. 3828 of 2011() ------------------------- CC.418/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER(S): ACCUSED NO.2 --------------------------- KUTTOOR VENGAYIL RAMACHANDRAN NAYANAR, S/O.GOVINDAN NAMBIAR, AGED 70 YEARS, PANAPPUZHA P.O., PANAPPUZHA AMSOM, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI SRI.J.ABHILASH RESPONDENTS/COMPLAINANT & STATE ---------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. 2. A.P.HARITHAN, S/O.AYADATHIL ACHUTHAN, AGED 53 YEARS, MANAGING PARTNER, MALABAR AYURVEDIC, KADALAYI P.O., EDAKKAD, KANNUR DISTRICT. R1 BY P.P.SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX(CRL.M.C.3828/2011) PETITIONER(S) EXHIBITS ANNEXURE A1- TRUE CERTIFIED COPY OF THE COMPLAINT IN CC NO.418/09 ON THE FILE OF JFCM COURT, PAYYANNUR, DATED 14.11.2008. ANNEXURE A2- TRUE CERTIFIED COPY OF ORDER TAKING COGNIZANCE IN CC NO.418/09 ON THE FILE OF JFCM COURT, PAYYANNUR, DATED 25.7.2009. ANNEXURE A3- TRUE CERTIFIED COPY OF THE PETITION FILED BY THE COUNSEL FOR THE ACCUSED NO.2 IN CC NO.418/09 ON THE FILE OF JFCM COURT, PAYYANNUR, DATED 20.8.2011. ANNEXURE A4- TRUE COPY OF THE CERTIFICATE ISSUED FROM MANIPAL HOSPITALS TO THE PETITIONER DATED 16.7.2011. ANNEXURE A5- TRUE CERTIFIED COPY OF THE ORDER IN CMP NO.4244/2011 IN CC NO.418/09 ON THE FILE OF JFCM COURT, PAYYANNUR, DATED 20/8/2011. ANNEXURE A6- TRUE CERTIFIED COPY OF THE DOCKET ORDER IN CC NO.418/09 ON THE FILE OF JFCM COURT, PAYYANNUR, DATED 20.8.2011. RESPONDENTS' EXHIBITS:- NIL N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3828 of 2011 ---------------------------------------------------- Dated this the 10th day of November, 2011 Order The learned counsel for the petitioner submits that the petitioner is undergoing chemotherapy. An application was filed before the Magistrate with a certificate (Annexure A4). It seems the learned Magistrate was not convinced as to the correctness of the certificate because the signature of the patient was not there. Not only that, even the name of the hospital where the doctor was working is also not mentioned. However, the warrant issued against the petitioner shall be kept in abeyance for two weeks. The petitioner will produce a properly issued certificate (the certificate bearing the signature or thumb impression) with the photograph of the patient attested by the doctor, before the learned Magistrate, in which case the warrant issued against the petitioner shall be kept in abeyance by the learned Magistrate till such further period, depending on the seriousness of the illness. The Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. srd 2 3