IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 WP(C).No. 7109 of 2008(U) ------------------------- ST.366/2007 of J.M.F.C.-II(MOBILE),KOTTAYAM .................... PETITIONER: ------------ N.DEVAKIKUTTY, AGED 55, W/O. RAMACHANDRAN NAIR, ONATTU HOUSE, GANDHI NAGAR POST, KOTTAYAM-8. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.PRAVEEN K. JOY RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING GANDHI NAGAR POLICE. 2. JINS DEVASIA, KALLASSARIPARAMBIL HOUSE, ARPPOOKARA EAST P.O., PANAMPALANS, KOTTAYAM. 3. MR. PHILIP ULAHANNAN, AREKATTIL HOUSE, ARPPOOKARA EAST P.O., KOTTAYAM. 4. T.C.THOMAS, THEKKEL HOUSE, PUTHEPPALLY POST, KOTTAYAM. 5. T.M.ABRAHAM, AGED 75, THENGUMPALLIL HOUSE, GANDHI NAGAR P.O., KOTTAYAM. BY GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ------------------------------------ W.P(C).No.7109 of 2008 ------------------------------------- Dated this the 29th day of February, 2008 ORDER Petitioner faces indictment in 4 different prosecutions, all under Section 138 of the Negotiable Instruments Act. The petitioner is the only accused in all the 4 cases. But the complainants in all the 4 cases are different persons. All the complaints were filed before the Chief Judicial Magistrate, Kottayam. The learned C.J.M, Kottayam has made over 3 such cases to the Judicial Magistrate of the First Class-II (Mobile), Kottayam. One case is retained with the C.J.M. The petitioner in this Writ Petition prays that trial in all the 4 cases may be directed to be held before the learned C.J.M. 2. The petitioner has the remedy of filing a transfer petition. He has not chosen to do the same. He has the remedy of approaching the learned C.J.M under Section 410 Cr.P.C. He has not done either. I find no merit in this Writ Petition. 3. The short grievance of the petitioner is that in 3 cases which have been made over to the Judicial Magistrate of the First Class-II (Mobile), Kottayam, warrants of arrest have been issued against the petitioner. The petitioner, a woman, aged 56 years, is now being unnecessarily vexed with such warrants issued against W.P(C).No.7109 of 2008 2 her. The petitioner apprehends that when the petitioner surrenders before the learned Judicial Magistrate of the First Class, there may be directions to make cash security. 4. I fail to understand why any such cash security must be directed. In any case, it is for the petitioner to appear before the learned Magistrate and seek regular bail. The learned Magistrate must consider such application on merits, in accordance with law and expeditiously. If the petitioner is unable to appear before the learned Magistrate and is willing to appear through counsel, after claiming exemption the petitioner can resort to that course also. I am in these circumstances, satisfied that no specific direction need be issued in this Writ Petition now. 5. This Writ Petition is, in these circumstances, dismissed. 6. I take note that the Registry has raised objection that relief has been claimed in respect of 4 different prosecutions in one Writ Petition. In the nature of the order that I have passed, I am of opinion that it is not necessary to go into that question in any detail in this writ petition. (R.BASANT, JUDGE) rtr/- W.P(C).No.7109 of 2008 3