IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932 Tr.P(Crl.).No. 6 of 2011() ----------------------------------- C.C.518/2010 of C.J.M.,KASARAGOD .................... PETITIONER(S): ACCUSED ---------------------------------------- J.MOHANDAS, AGED 51, S/O.M.JOSHUA, RESIDING AT T.C.26/1660, PRA - T8, PULIMOODU P.O., TRIVANDRUM - 695001. BY ADV. SRI.A.B.MOHANAKUMAR RESPONDENT(S): COMPLAINANT --------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682018. BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 22/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- T.P(Crl).No.6 of 2011 --------------------------------------- Dated this 22nd day of February, 2011 ORDER Petitioner is accused in C.C.No.518 of 2010 of the court of learned Chief Judicial Magistrate, Kasaragod seeking transfer of that case to the court of learned Chief Judicial Magistrate, Thiruvananthapuram for the reason that when the case was registered and final report was filed he was working in the Kerala State Electricity Board at Kasaragod, now he is working at Thodupuzha and is likely to be transferred to his home town, Thiruvananthapuram. Learned counsel submitted that in the circumstance the case may be transferred to Thiruvananthapuram. It is also submitted that it involves much time, energy and money for petitioner to travel up to Kasaragod if he is transferred to Thiruvananthapuram or, even if he continues to be at Thodupuzha. I have heard learned Public Prosecutor also. 2. Having heard learned counsel for petitioner and learned Public Prosecutor, I am not inclined to think that there is any circumstance which requires this Court to order transfer of the case from Kasaragod to Thiruvananthapuram. The offences alleged are under Secs.420 and 468 of the Penal Code. The case T.P(Crl).No.6 of 2011 -: 2 :- has to be tried in the Court having jurisdiction over the place of occurrence. Transfer is an exception. I do not think that this case comes within that category. Hence request for transfer cannot be allowed. 3. But, grievance of petitioner that he may have to travel long distance to Kasaragod is required to be redressed. If there is no dispute regarding identity of petitioner in the case it is open to the petitioner to seek permanent exemption from appearance under Sec.205 of the Code of Criminal Procedure or, if that is not permissible, to seek exemption on the relevant dates from appearance in Court as provided under law and if any such request is made learned Chief Judicial Magistrate, Kasaragod shall consider the request having regard to the grievance of petitioner regarding travel for long distance and pass appropriate orders in that regard. This petition is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-