IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 Crl.MC.No.1238 of 2009 ------------------------- SC.300/2008 of ADDL. SESSIONS COURT (FAST TRACK - AD HOC )I, MANJERI. .................... PETITIONERS: ---------------- 1. RADHAKRISHNAN.N. (A3), S/O.KUNHIKRISHNAN NAIR, NANGALATH HOUSE, MOODADI P.O., KOYILANDI. 2. KANAKESWARI (A4), D/O.DAMODARAN NAMBIAR, MALOR HOUSE, KODENCHERI P.O., PURAMERI, VADAKARA. (WHO RESIDED IN A RENTED HOUSE AT VIRIPPIL BAZAR, CHELAVOOR AMSOM, KOZHIKODE) NOW 1 IN DISTRICT PRISON KOZHIKODE AND 2 (FEMALE WITH CHILD) IN CENTRAL PRISON, KANNUR BY MR.MANJERI SUNDERRAJ, ADVOCATE. RESPONDENT: ---------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY MR. C.K. SURESH, PUBLIC PROSECUTOR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. --------------------------------------- Crl.M.C.No.1238 OF 2009 --------------------------------------- Dated this the 8th day of April, 2009. O R D E R This petition is filed with a prayer to direct the Sessions Court, Manjeri to allot the case from Additional Sessions Court (Fast Track - Ad hoc) I, Manjeri to another Judge and to issue directions to the Sessions Court to release the petitioners from prison pending the trial. 2. This is not the first round of litigation on the point. It is submitted by the learned Public Prosecutor that whenever the case comes for evidence, petitions are filed and the Advocates then appearing would withdraw from appearance and that has caused difficulties. It is also submitted by him that there is no contemplation for the Prosecutor to request for further investigation in the matter. The matter is a very serious one which involves large questions and therefore, it has to be tried as expeditiously as possible. It is not known why a prayer is made to transfer the Crl.M.C.1238/2009 2 case to another Judge and there are no averments to support that also. Therefore, the Crl.M.C. lacks merit and is dismissed. M.N. KRISHNAN JUDGE smp Crl.M.C.1238/2009 3 M.N.KRISHNAN, J. Crl.M.C. No.1238 OF 2009 O R D E R 08.04.2009