IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 Tr.P(Crl.).No. 13 of 2008() --------------------------- SC.680/2005 of ADDL. SESSIONS COURT (ADHOC-I), THALASSERY .................... PETITIONER: ------------ K.MUHAMMED ALI, AGED 24 YEARS, S/O. ABDULLA, AMBALATHINKAL HOUSE, CHEKKIAD AMSOM, UMMATHOOR DESOM, KOZHIKODE DISTRICT. BY ADV. SRI.T.K.KUNHABDULLA RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY C.I. OF POLICE, PANOOR IN CRIME NO.345/02 OF KOLAVALLOOR POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADDL.R2. PRECIOUS KIRAN S/O. NANU PURAKKADAN VEETTIL HOUSE, P.O. POYILOOR, KANNUR DIST. 3. K.P. RAJESH, S/O. BALAN, KOSAPLAVINTA HOUSE KOLAVALLOOR AMSOM & DESOM, KANNUR DIST. 4. K.K. RAVI, S/O. GOVINDAN, KUTTEKATTIL HOUSE T.P.XIII/78, P.O. THRIPPANGATTOOR, KANNUR DIST. 5. K.K. MANOJ, S/O. SREEDHARAN, THRIPPANGATTOOR AMSOM DESOM, KANNUR DIST. 6. K,.V. SUMESH, S/O. KUMARAN, DO. DO. 7. LATHEESH, S/O. NANU, T.P. XIII/150, DO. DO. 8. A.P. SREEJITH, S/O. KUMARAN, DO. DO. 9. K.V. VINEESH, S/O. BALAN, KARUVALLIYIL HOUSE P.O. VILAKOTTOOR, KANNUR DIST. (IMPLEADED AS ADDL. R2 TO R9 AS PER ORDER DT.9.6.08 IN CRL.MA 2958/08 IN TR.P.C. 13/08) R1 BY PUBLIC PROSECUTOR SRI. AMJAD ALI SRI.P.NARAYANAN FOR R5 THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 11/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Tr.P.(Crl).No. 13 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of August, 2008 O R D E R The petitioner is a witness/injured in a prosecution for offences punishable, inter alia, under Sections 326 and 307 r/w. 149 I.P.C. Altogether 27 witnesses have been cited. 2. The crux of the allegations is that while Cws. 1 to 12, students and a lecturer of the College, were proceeding to the college in a taxi jeep, eight accused persons belonging to the ruling party and its students wing allegedly intercepted the jeep and attacked Cws. 1 to 3, who were workers belonging to a rival students organisation with swords and sticks resulting in serious injuries to them. The petitioner, as stated earlier, is CW2. He has suffered serious injuries. According to him, if the trial were held before the Additional Sessions Court, Adhoc -I, Tellicherry, there is great threat and risk of failure of justice as the witnesses have been threatened by the accused persons. They are very influential. They have political clout. They are likely to threaten Tr.P.(Crl).No. 13 of 2008 2 and intimidate the witnesses. In these circumstances, in the interests of justice it may be directed that the case be transferred to some other court of competent jurisdiction. 3. Though only CW2 has come before this Court now, it is the case of CW2 that threats are there against all the witnesses, who all hail from Vadakara Taluk. In these circumstances it is prayed that in the interests of justice and to ensure fair and free trial, there may be a direction for transfer, it is prayed. 4. Notice was given to the learned Prosecutor. The learned Prosecutor does not oppose the petition. The learned counsel for the accused, who have subsequently been arrayed as respondents 2 to 9, stoutly opposes the application and submits that there is no merit whatsoever in the application. It is submitted that no other witness other than CW2 has come before this Court. If on such vague and non- specific allegations direction for transfer were to be issued, it would pave the way for several such requests to be made. I take note of the fact that the petitioner prays and the learned Prosecutor does not oppose the application for transfer. I am satisfied that subject to Tr.P.(Crl).No. 13 of 2008 3 appropriate safeguards which shall ensure that the accused/respondents 2 to 9 are not put to any unreasonable difficulties or inconveniences, transfer can be directed as prayed for. 5. In the result: a) This transfer petition is allowed. b) S.C. 680 of 2005 pending before the Addl. Sessions Court, Adhoc-I, Tellicherry is transferred to the Asst. Sessions Court, Vadakara for trial and disposal. c) The parties shall appear before the transferee court on 15.9.2008 to continue the proceedings. The Addl. Sessions Court, Adhoc-I, Tellicherry shall forthwith transmit the records to the transferee court. (R. BASANT) Judge tm