IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 Tr.P(Crl.).No. 17 of 2011() --------------------------------- CC.399/2009 of JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOCHI ........................ PETITIONER/COMPLAINANT: ------------------------------------------ HANA AMEER ALI, AGED 24 YEARS, D/O. AMEER ALI, AMEER VILLA, THENHIPALAM AMSOM, CHELARI DESOM,MALAPPURAM DISTRICT. BY ADVS. SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENT(S): ACCUSED & STATE ------------------------------------------------------- 1. SRI. V.M.SHABEER, SON OF V.K.MUSTAFFA, REHMATH MANZIL, KATTIKULAM ROAD,KOCHI-682002. 2. SMT.NAJMA, AGED 58 YEARS, WIFE OF MUSTAFFA, RAHMAT MANZIL, CC 6/1306, NEAR JAIN TEMPLE ROAD,MATTANCHERRY. 3. SHRI. MUSTAFFA, AGED 60 YEARS, SON OF V.K. KAYEE, RAHMAT MANZIL, CC 6/1306, NEAR JAIN TEMPLE ROAD, MATTANCHERRY. BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 22/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SMT THOMAS P. JOSEPH, J. ------------------------------- Tr.P.(Crl.) No. 17 OF 2011 --------------------------------------- Dated this the 22nd March, 2011 O R D E R Petitioner is the defacto complainant in C.C. No. 399 of 2009 of the Court of learned Judicial Magistrate of First Class -II, Kochi. 2. That is a case for offence punishable under Sec.498A of the Penal Code. Petitioner seeks transfer of that case to any court in Malappuram District (petitioner is a resident of Chelari, in that district),reason being that on 22.02.2011 when petitioner came to the Court premises to give evidence one Mustaffa accompanied by his son (husband of the petitioner) threatened her against giving evidence and attempted to assault her. Petitioner apprehends that if she comes to Kochi to give evidence she will be assaulted by her husband and others. Learned counsel in the circumstances argued for transfer of the case. I have heard the learned Public Prosecutor also. 3. I am not inclined to think that for the above said reason the case is to be transferred to any court in Malappuram district. But, the apprehension of petitioner has to be allayed. Needless to say that it is the responsibility of police to give protection to the witnesses. Having regard to the circumstances of this case, I am inclined to direct the Sub Inspector of Tr.P.(Crl.) No. 17 OF 2011 2 Police, Mattancherry, to afford protection to the petitioner when she appears before the court on 18.04.2011 or any other day to which the case is adjourned for giving evidence in C.C.No.399 of 2009. Accordingly this petition is disposed of directing the Sub Inspector of police of Mattancherry to afford necessary protection to the petitioner to enable her give evidence without fear in the court of learned Judicial First Class Magistrate -II, Kochi on 18.04.2011 or any other day to which the case is adjourned. The Sub Inspector shall direct a women police constable to accompany petitioner from the place of her arrival at Ernakulam till she returns to her place of residence. Petitioner shall intimate the Sub Inspector, Mattancherry the date, time, place and manner of her arrival at Ernakulam at least a week before the date fixed for giving evidence in court. Petitioner shall give a copy of this order to the Sub Inspector of Police, Mattanherry for compliance. THOMAS P. JOSEPH, JUDGE smt