IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 Tr.P(Crl.).No. 18 of 2009(F) -------------------------------- (CC.609/2002 of JUDICIAL FIRST CLASS MAGISTRATE COURT,THALASSERY) .................... PETITIONER(S): ACCUSED: ------------------------------- 1. S.SREEKANTH, S/O.SREEDHARAN NAIR, PROPRIETOR, SAI HOMES AND RESORTS, NBC ROAD, AMBALAMUKKU, THIRUVANANTHAPURAM. 2. S.KASTHURI, W/O.SREEKANTH, -DO-. 3. PRADEEP KANDAMATH, S/O.SREEKANTH, -DO-. 4. SREEDAR KANDAMATH, S/O.SREEKATH, -D0-. 5. V.MURALEEDHARAN NAIR, MANAGER, SAI HOMES AND RESORTS, AMBADI, THAMALAM, POOJAPPURA, THIRUVANANTHAPURAM. BY ADVS. SRI.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE SRI.M.CHANDRA BOSE DR.ABRAHAM P.MEACHINKARA SRI.A.RAJASIMHAN RESPONDENT(S): COMPLAINANT AND STATE: ----------------------------------------------------- 1. K.REMESH, S/O.NARAYANAN, CHETTAMKUNNU, THALASSERY AMSOM, VADIKKAKAM DESOM, THALASSERY TALUK, KANNUR. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM R1 BY ADVS. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL), SRI.A.R.DILEEP R2 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 13/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ M.SASIDHARAN NAMBIAR,J. --------------------------------------------- Tr.P.(CRL).NO.18 OF 2009 --------------------------------------------- Dated 13th September, 2010 O R D E R Petitioners, the accused in C.C.609/2002 on the file of Judicial First Class Magistrate's Court, Thalassery filed this petition under Section 407 of Code of Criminal Procedure to transfer the case to any other Court outside Kannur district alleging that they apprehended danger to their life, if they are to appear before the Court at Thalassery for trial. 2. Learned counsel appearing for the petitioners and learned counsel appearing for the first respondent/complainant were heard. 3. Argument of the learned counsel appearing for the petitioners is that first Tr.P.18/09 respondent is an active political worker of CPI(M) and if petitioners are compelled to appear before Judicial First Class Magistrate's Court, Thalassery, there is danger to their life and in any case, witnesses to be examined on the side of the first respondent will not appear because of the threat and hence the case is to be transferred to any other Court outside Kannur district. It is also contended that Judicial First Class Magistrate's Court, Thalassery has no jurisdiction as entire incident had taken place at Thiruvananthapuram. 4. Learned counsel appearing for the first respondent pointed out that the question of jurisdiction was sought to be raised by the petitioners in Crl.M.C.3267/2003 and this Court was not inclined to quash the proceedings and by Annexure-A6 order it was challenged before Tr.P.18/09 the Honourable Supreme Court and Honourable Supreme Court did not interfere with Annexure-A6 order and petitioners did not appear before the learned Magistrate because of threat and apprehension of threat are without any basis and in such circumstances case is not to be transferred. 5. On hearing the learned counsel, I find no ground to transfer the case as sought for as there is no material in support of the allegation of apprehension of threat and danger to the life of the accused or the witnesses. Question of jurisdiction need not be considered in this petition. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.