1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2011 CORAM: THE HONOURABLE MS.JUSTICE R.MALA Criminal Original Petition(MD) No.8229 of 2011 & M.P(MD)Nos.1 & 2 of 2011 Mathiyas @ Manicka Raj .. Petitioner Vs. State rep.by The Inspector of Police, Sathankulam Police Station, Tirunelvlei District. (Crime No.176 of 2010) .. Respondent Prayer: Criminal Original Petition filed under Section 407 of Cr.P.C. to withdraw and transfer the case in P.R.C.No.44 of 2010 on the file of the learned Judicial Magistrate Court,Sathankulam, to some Magistrate Court in Tirunelveli District. For Petitioner :Mr.C.T.Perumal For Respondent :Mr.K.V.Rajarajan Govt.Advocate(Crl.Side) O R D E R The petitioner approaches this Court with a prayer to withdraw and transfer the case in P.R.C.No.44 of 2010 on the file of the learned Judicial Magistrate Court,Sathankulam, to some Magistrate Court in Tirunelveli District. 2. Heard both sides. 3. The learned counsel appearing for the petitioner would submit that the petitioner is the accused in Crime No.176 of 2010 on the file of the respondent police registered on 24.07.2010 for the offences under Sections 294(b),302 and 506(2) of IPC and the investigation is over and charge sheet has been taken on file as P.R.C.No.44 of 2010 on the file of learned Judicial Magistrate Court, Sathankulam, Tuticorin District. Since there is a rival group and if the petitioner appears before the learned Judicial Magistrate, Santhankulam, the petitioner's life will be in danger and may be killed by the people of the deceased. Hence, he is apprehending. Therefore, the petitioner wants to withdraw and transfer the case in P.R.C.no.44 of 2010 on the file of the learned Judicial Magistrate Court,Sathankulam, to some Magistrate Court in Tirunelveli District. 3.Heard the learned Government Advocate(Criminal Side). 3.Considering the rival submissions and the materials available on record, I am inclined to withdraw in P.R.C.No.44 of 2010 from the file of learned Judicial Magistrate Court, Sathankulam, Tuticorin District, and transfer the same to the Court of Judicial Magistrate No.I, Tuticorin. https://hcservices.ecourts.gov.in/hcservices/ 2 4.Accordingly, the Criminal Original Petition is allowed and the case in P.R.C.No.44 of 2010 is withdrawn from the file of the Court of Judicial Magistrate Court, Sathankulam, Tuticorin District, and transferred to the file of the Court of Judicial Magistrate No.I, Tuticorin, for disposal in accordance with law. Consequently, connected Miscellaneous petitions are closed. Sd/- Assistant Registrar (P&A) /True copy/ Sub Assistant Registrar To 1. The Judicial Magistrate, Sathankulam, Tuticorin District. 2. The Judicial Magistrate No.I, Tuticorin. 3.The Inspector of Police, Sathankulam Police Station, Tirunelvlei District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC TO MR.C.T.PERUMAL, ADVOCATE SR.22735 gsr SR : 21.07.2011 : 2p/6c Crl.O.P.(MD)No.8229 of 2011 and MP(MD) Nos.1 & 2 of 2011 13.07.2011 https://hcservices.ecourts.gov.in/hcservices/