IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 Tr.P(Crl.).No. 12 of 2010() --------------------------- CC.959/2008 of J.M.F.C.-I, MAVELIKKARA .................... PETITIONER(S): DE FACTO COMPLAINANT: ------------------------------------------------------------------ REKHA, D/O.MEENAMBIKA, JANAKI NAGAR, 1ST STREET, 31/3/31 GANAPATHI, COIMBATORE-641 006. BY ADV. SRI.P.SANJAY SMT.A.PARVATHI MENON SMT.SHEEBA FAIZAL RESPONDENT(S): COMPLAINANT & ACCUSED: ---------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY SI OF POLICE, MAVELIKKARA PS, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. PRAVEEN, S/O.GOPALA KRISHNA PILLAI, VALSALAYAM, HOUSE NO.398, MATTAM SOUTH P.O., THATTARAMBALAM, MAVELIKARA, ALAPPUZHA. 3. SARASAMMA, W/O.GOPALAKRISHNA PILLAI, VALSALAYAM, HOUSE NO.398, MATTAM SOUTH, P.O.THATTARAMBALAM, MAVELIKARA, ALAPPUZHA. 4. VALSALA P.VENUGOPAL, D/O.GOAPALAKRISHNA PILLAI, VALSALALAYAM, HOUSE NO.398 MATTAM SOUTH, P.O,THATTARAMBALAM, MAVELIKARA, ALAPPUZHA. Tr.P(Crl.).No. 12 of 2010() 2 5. AJANTHA VIJAYAN, D/O.GOPALAKRISHNA PILLAI, VALSALALAYAM, HOUSE NO.398, MAKAM SOUTH, P.O,THATTARAMBALAM, MAVELIKARA, ALAPPUZHA. ADV. SRI.M.B.PRAJITH FOR R3 TO 5 PUBLIC PROSECUTOR SRI.KAMMAPPU THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 07/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Tr.P.(Crl).No.12 of 2010 = = = = = = = = = = = = = = Dated:07.07.2010 ORDER Petitioner, who is the de facto complainant in Crime No.256/2007 of Mavelikkara Police Station for offences punishable under Sections 498A and 402 read with 34 IPC and now pending before the J.F.C.M-I, Mavelikkara as C.C.No.959/2008, seeks to transfer the said case to any other court in Thrissur district on the ground that at the instance of the four accused persons in the above case some unknown persons have threatened the petitioner with dire consequences. Hence the petitioner cannot proceed to the Mavelikkara court to give evidence in the case. 2. Admittedly the petitioner has not preferred any complaint before the Magistrate of before the Sub Inspector of Police, Mavelikkara. The role of the petitioner is only to give evidence as a prosecution witness in the police charge case. Merely because her application for divorce is pending Tr.P.(Crl)No.12 of 2010 2 before the Family court, Thrissur the case cannot be transferred from the J.F.C.M-I, Mavelikkara to any other court at Thrissur. All the accused persons are from Mavelikkara and all prosecution witnesses are also from Mavelikkara. Even going by the address of the petitioner, she is shown as residing in Coimbatore. In case the petitioner files any petition either before the Magistrate or before the Station House Officer, Mavelikkara Police Station apprehending danger from the said accused persons, the petitioner will have be given adequate protection to enable her to give evidence in the above case. This Crl.M.C is accordingly dismissed reserving the above right of the petitioner to move the Magistrate or Sub Inspector of Police. Dated this the 7th day of July, 2010. V. RAMKUMAR, JUDGE sj