IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 Tr.P(Crl.).No. 23 of 2008() --------------------------- CC.445/2004 of J.M.F.C.-II,NEDUMANGAD PETITIONER: ------------ BIJU P.VARGHESE @ MONICHAN S/O.P.C.VARGHESE, AGED 34 YEARS, ALAPATT HOUSE VALAKOM, VAYAKKAL P.O., KOTTARAKKARA. BY ADV. SRI.SREEKANTH S.NAIR RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. SHEELA, D/O.THAMARAKSHI, AGED 26 YEARS THANNIVILLA VEEDU, CHOZHIYAKODU KULLATHOOPUZHA VILLAGE. 3. AMBILIKUMAR, D/O.BHASKARAN NAIR AGED 34 YEARS, VAZHAKONNATHU VEEDU, MEMMALA VITHURA VILLAGE. 4. NAZEER, S/O.ABUBAKKER, AGED 29 YEARS KUNNUVILLA VEEDU, CHOZHIYAKODU KULLATHOOPUZHA VILLAGE. 5. RAJEEV, S/O.NEELAKANTA PILLAI AGED 26 YEARS, PANAYIL VEEDU, VIII/28 VAYAKKAL, KANNANKODU, KOTTARAKKARA. 6. SUDHIKUMAR @ SUDHI, S/O.THULASI AGED 28 YEARS, SUDHI MANDIRAM "PULIKUZHIL THADOM" PARIPALLI VILLAGE. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 13/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Tr. P. (Crl) NO. 23 of 2008 * * * * * * * * * * * * * * * * * * Dated: 13-03-2008 ORDER Petitioner who is the 2nd accused in C.C. 445 of 2004 on the file of the J.F.C.M. II, Nedumangad for an offence punishable under Sec. 420 I.P.C. seeks a transfer of the case to J.F.C.M. Kottarakkara. According to the petitioner, he is suffering from disc prolapse and lumbago besides diabetes mellitus and therefore he finds it difficult to travel all the way to Nedumangad to attend the court. Eventhough the de facto complainant Sheela is a resident of Kulathupuzha within the Kollam District, the rest of the prosecution witnesses are from Nedumangad and it may not be fair to the prosecution witnesses to make them travel all the way to Kottarakkara just to suit the convenience of the petitioner who hails from Kottarakkara. In case the petitioner seeks personal exemption from the Magistrate during trial, the same shall be considered by the Magistrate favourably provided the petitioner does not raise any question of identity. With this liberty given to the petitioner, this is dismissed. V. RAMKUMAR, (JUDGE) ani.