IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 Tr.P(Crl.).No. 54 of 2008() --------------------------- CC.608/2007 of J.M.F.C.,PARAPPANANGADI .................... PETITIONER: ------------ 1. SHAJAHAN NEDUVILAYAIL, MYNAGAPPALLY SOUTH MURI MYNAGAPPALLY VILLAGE, KOLLAM. 2. SHIHAB, NEDUVILAYAIL MYNAGAPPALLY SOUTH MURI MYNAGAPPALLY VILLAGE, KOLLAM. 3. AMEENA BEEVI, NEDUVILAYAIL, DO.DO. BY ADV. SRI.B.MOHANLAL RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, THENJIPALAM POLICE STATION MALAPPURAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUBAIDA, PALAPARAMBU HOUSE, KOLANGATTU, CHELAMBRA PO., MALAPPURAM. BY P.P. SRI. GIKKU JACOB. THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 11/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Tr.P.(Cri)No. 54 of 2008 ------------------------------------------------- Dated this the 11th day of August, 2008 ORDER The petitioners face indictment in a prosecution for offences punishable, inter alia, under Sec.498A IPC. The petitioners had come to this Court seeking anticipatory bail and by Annexure-I order, they were directed to appear before the learned Magistrate and seek regular bail. That order was passed as early as on 11/7/07. The petitioners have not so far entered appearance before that court. They have now come before this Court with a prayer that the said prosecution pending before the learned Judicial Magistrate of the First Class, Parappanangadi, may be ordered to be transferred to some other court outside the Sessions Division of Manjeri. 2. What is the reason? The learned counsel for the petitioner submits that the petitioners wanted to surrender Tr.P.(Cri)No. 54 of 2008 -: 2 :- before the learned Magistrate. They were unable to do the same because of threat and intimidation. A complaint was filed before the police and the same has been acknowledged under Annexure-II. It is prayed that, in these circumstances, the case may be directed to be transferred to some other competent court outside the Sessions Division. Except Annexure-II receipt, no other material has been placed before me to show that there is any difficulty, impediment or impossibility in the petitioners appearing before the learned Magistrate. I am satisfied that the mere production of Annexure-II is not sufficient to instil in the mind of the court the satisfaction that the case deserves to be transferred to any other court outside the Sessions Division of Manjeri. The petitioner can certainly appear before the learned Magistrate, seek regular bail and thereafter, if necessary, apply for exemption from personal appearance. If there be any impediment, threat or risk in their appearing before the learned Magistrate, they can certainly approach the Superintendent of Police, Malappuram, seeking protection to enable them to appear before the learned Magistrate. I am not satisfied, at the moment and with the available inputs, that the case deserves to Tr.P.(Cri)No. 54 of 2008 -: 3 :- be transferred. 3. This transfer petition is, in these circumstances, dismissed with the above above observations. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge