IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 Tr.P(Crl.).No. 27 of 2008() --------------------------- PETITIONER: ACCUSED NOS. 2 & 5 ---------------------------------------------------- 1. REMA DEVI, W/O.LATE P.K.MURALEEDHARAN NAIR, NALUTHUNDIL VEEDU, ADOOR, PATHANAMTHITTA DISTRICT. 2. DEEPA, W/O.MANOJ, NALUTHUNDIL VEEDU, ADOOR, PATHANAMTHITTA DISTRICT. BY ADV. SRI.K.MADHUSOODHANAN NAIR RESPONDENTS: STATE AND COMPLAINANT --------------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, THODUPUZHA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. NAMITHA VIJAYAKUMAR, REP. BY HER FATHER M.VIJAYA KUMAR, ATHIRA, NEELAKANTA VILAS, THODUPUZHA VILLAGE, THODUPUZHA DISTRICT. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Tr.Ptn(Crl)No.27 of 2008 = = = = = = = = = = = = = = Dated this the 25th day of March, 2008 ORDER The petitioners, who are the mother-in-law and husband's sister-in-law of the 2nd respondent namely Namitha Vijayan, who are accused numbers 2 and 5 in C.C.No.7 of 2008 and respondent Nos.2 and 5 in Crl.M.C.No.4 of 2008 pending before the Chief Judicial Magistrate, Thodupuzha seek a transfer of the above cases to a court in any other district other than Idukki district alleging that they have to travel 120 kms from Adoor to Thodupuzha to attend the court and that after attending the court when they are on their way back to Adoor the gundas engaged by the 2nd respondent and her father are continuously jeering them and following them even to hotels rendering their life miserable. 2. C.C.No.7/2008 is a prosecution for offences punishable under Section 498A, 420,403,120B,405,323 and 506(ii) read with 34 IPC. The said case arises out of crime No.949/2007 of Thodupuzha Police Station. Crl.M.C.No.4/2008 is a petition filed under Section 12(1) of the Protection of Women from Domestic Violence Act,2005. Both the cases have been instituted by the 2nd respondent herein. Tr.Ptn(Crl)No.27 of 2008 2 3. With regard to the alleged persecution of the petitioners by the gundas engaged by the 2nd respondent, the petitioners could have complained the Chief Judicial Magistrate, Thodupuzha about the same. Without lodging a complaint in that behalf before the Chief Judicial Magistrate, Thodupuzha, the petitioners cannot seek a transfer of the case to any other court. 4. The other course of action available to the petitioners, both of whom are women, is to seek personal exemption from appearance before the Chief Judicial Magistrate in the aforesaid two cases, since the question of their identity may not arise during the trial of the said cases. In case the petitioners file an application for personal exemption before the Chief Judicial Magistrate undertaking that they will not raise any question regarding their identity at any stage during the trial of the cases, the learned Magistrate shall favourably consider the said request and exempt them from personal appearance, unless their personal appearance is found inevitable at any stage of the trial of the cases. This Transfer Petition is disposed of as above. V. RAMKUMAR, JUDGE sj