IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 Tr.P(Crl.).No. 103 of 2008() ------------------------------------ C.C. NO.278/1991 OF THE CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM. ...... PETITIONER(S): ---------------------- MATHAI, S/O.EAPEN, AGED 49, GIRINAGAR-76, KOCHI-20. BY ADV. SRI.S.SHYAM RESPONDENT(S): ------------------------- STATE OF KERALA REPRESENTED BY THE C.I.OF POLICE, C.B.C.I.D(F.S),THIRUVANANTHAPURAM, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZER THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 06/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Tr.P.Crl. No.103 of 2008 ------------------------------------- Dated this the 6th day of January, 2009 ORDER Petitioner has come before this Court with this Transfer petition with a prayer that C.C.No.278 of 1991 pending before the Chief Judicial Magistrate, Ernakulam may be ordered to be transferred to any other court. The matter stands posted for framing charges. The petitioner has consistently been not appearing before the learned Magistrate. The learned Magistrate felt that the petitioner was deliberately avoiding and protracting the proceedings. Hence coercive processes were issued against the petitioner. The petitioner has not so far appeared before the learned Magistrate thereafter. 2. Now the petitioner submits that the petitioner does not expect justice at the hands of the learned Magistrate because of the attitude shown by the learned Magistrate in dismissing his application to condone his absence. I am not satisfied that there is any reason for the petitioner to entertain any reasonable apprehension of prejudice at the hands of the Magistrate. I am satisfied, in these circumstances, that this Transfer Petition only deserves to be dismissed. Tr.P.Crl. No.103 of 2008 2 3. This petition is accordingly dismissed. However I make a direction that if the petitioner appears before the learned Magistrate on 12.01.09 and seeks regular bail, the learned Magistrate shall direct the petitioner to continue on bail on appropriate terms and conditions. (R.BASANT, JUDGE) rtr/-