IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 Tr.P(Crl.).No. 51 of 2011() ---------------------- CC.224/2008 of J.M.F.C., KAYAMKULAM ................ PETITIONER/ACCUSED: --------------------------------- KAJA HUSSAIN, S/O.CHEENAKKAPURAM VEETIL MUHAMMAD, AGED 41 YEARS, POOTHANNUR 9-MILE, EZHAKKAD VILLGE, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT/STATE & COMPLAINANT: ---------------------------------------------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. POOKUTTI, KUNNATHUKOICKAL PEEDIKAYIL HOUSE, AGED 39 YEARS, PULLIKUNNAKKU MURIYIL, PULLIKKUNNAKKU P.O., KAYAMKULAM VILLAGE, ALLEPPEY DISTRICT, PIN-695 037. R1 BY PUBLIC PROSECUTOR : SRI. B. JAYASURYA. THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 20/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B.P. RAY, J. ------------------------------------------------- T.R.P (Crl) No. 51 OF 2011 ------------------------------------------------- DATED THIS THE 20th DAY OF JULY, 2011 O R D E R Petitioner is an accused in CC No.224/2008 before the Judicial First Class Magistrate, Kayamkulam for the offence punishable under Sections 420 and 468 IPC. 2. Heard learned counsel for the Petitioner and the learned Public Prosecutor for the State. 3. Petitioner has filed this application to transfer CC No.224/2008 pending before the Judicial First Class Magistrate, Kayamkulam to some other Court. He apprehends danger to his life. He submits that on several occasions 2nd respondent and his associates tried to manhandle him on appearance before the Court. I am not inclined to transfer the case to some other Court. However, if the petitioner still apprehends danger to his life he may apply for police protection and if such an application if filed, the learned Magistrate shall consider it on its merits and pass appropriate orders. 4. Counsel for the petitioner also states that learned Magistrate has issued non bailable warrant against the TRP (Crl.) No.51/2011 -2- petitioner for non appearance. I direct that if the petitioner surrenders before the learned Magistrate on or before 5th of August and apply for bail the learned Magistrate shall consider and admit him bail on such terms and conditions he deem fit. Crl. M.C. is disposed of as above. Sd/ B.P. RAY, JUDGE. AMG True copy P.A to Judge