IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 Tr.P(Crl.).No. 13 of 2011 --------------------------------- [CC.NO.1986/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHENGANNUR] .................... PETITIONER/CW1 - DEFACTO COMPLAINANT: ------------------------------------------------------------------ SUDHEESH P.SEBASTIAN, VALIYAVEETTIL HOUSE, THITTAMEL MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. BY ADVS. SRI.K.MADHUSOODHANAN NAIR, SRI.K.N.RADHAKRISHNAN(THIRUVALLA). RESPONDENTS/ACCUSED & STATE: ---------------------------------------------------- 1. VIJAYAN, KULATHOOR VEEDU, PULIYOOR MURI, PULIYOOR VILLAGE, CHENGANNUR TALUK. 2. SAJI, S/O. THANKAPPAN, PULIMOOTTIL HOUSE, THITTAMEL MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK. 3. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R3 BY PUBLIC PROSECUTOR SRI. K.J. MOHAMMED ANZAR. THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 10/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. THOMAS P.JOSEPH, J. ==================================== Tr.P(Crl.) No.13 of 2011 ==================================== Dated this the 10th day of March, 2011 O R D E R This petition is filed by the de facto complainant for transfer of C.C. No.1986 of 2009 of the court of learned Judicial First Class Magistrate, Chengannur to the court of learned Chief Judicial Magistrate, Pathanamthitta or to any other court in that District. For alleged assault by respondent Nos.1 and 2 police have charge sheeted them for offences punishable under Sections 323, 341 and 326 read with Section 34 of the Indian Peal Code. The case is posted on 23.03.2011 for evidence of prosecution witnesses. Apprehension of petitioner is that respondent Nos.1 and 2 and their men might threaten petitioner and other non-official prosecution witnesses. Hence the request for transfer of the case. I have heard the learned counsel for the Public Prosecutor also. 2. The allegation is that respondent Nos.1 and 2 and their men might threaten petitioner and other non-official prosecution witnesses. I do no think that on that allegation the case is required to be transferred. It is the responsibility, nay the duty of the police to give adequate protection to the prosecution witnesses. It is Tr.P(Crl.) No.13 of 2011 -: 2 :- sufficient that a direction is issued to the police to that effect. Accordingly this Petition is disposed of directing the Sub Inspector of Police Chengannur, to give adequate police protection to the non-official prosecution witnesses in C.C. No.1986 of 2009 of the court of learned Judicial First Class Magistrate, Chengannur on the respective dates they appear in court to give evidence in the said case. Petitioner shall produce a copy of this order before the Sub Inspector of Police, Chengannur for compliance. THOMAS P. JOSEPH, JUDGE. vsv