IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 Tr.P(Crl.).No. 7 of 2009() -------------------------- FIR.6/2004 of JUDL.MAGI.OF 1ST CLASS,ANDROTH FIR NO.6/04 OF J.F.M.C., ANDROTH PETITIONER(S): ACCUSED ---------------------- 1. R.P. KHALID, RAYAPADA HOUSE, KAVARATHI. 2. AKBAR, THARUMMEKKEPURA HOUSE, KAVARATHI. 3. RAYAPADA ABOOBACKER, RAYAPADA HOUSE, KAVARATHI. BY ADV. SRI.NIRMAL. S RESPONDENT(S): COMPLAINANTS --------------------------- 1. UNION TERRITORY OF LAKSHWADWEEP, REPRESENTED BY THE PUBILC PROSECUTOR, ANDROTH. 2. R.P. MOHAMMED, S/O. AHAMMED, RAYAPADA HOUSE, KAVARATHI. S.C. FOR LAKSHADWEEP ADMINISTRATIOIN SR.S. RADHAKRISHNAN THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 27/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Tr.P.(Crl).No. 7 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of January, 2009 O R D E R The petitioners, along with the second respondent, face indictment in a prosecution for offences punishable, inter alia, under Sections 353 and 332 r/w. 34 I.P.C. The alleged incident took place on 1.8.2004 in the Lakadi Islands at Androth. Investigation is complete. Final report has already been filed. Cognizance has been taken. The matter is pending before the J.F.M.C., Androth. Trial has not commenced yet. 2. It is at this juncture that the petitioners have come before this Court to make a request on behalf of the petitioners and the second respondent that the case may be transferred - can be directed to be taken up at the Camp of J.F.M.C., Androth at Calicut. It is submitted that such a direction shall advance the interests of the petitioners and the second respondent as they have appointed counsel from Calicut to conduct the trial on their behalf. If is further submitted that all the witnesses to be Tr.P.(Crl).No. 7 of 2009 2 examined are persons from the main land and the interests of justice and interests of convenience of all, including the accused and the witnesses, shall be served ideally by directing a transfer as prayed for. 3. Notice was given to the first respondent. The learned Standing counsel has entered appearance. After taking instructions, the counsel submits that he has instruction from the Public Prosecutor that the police have no objection in the trial being held at the Camp of J.F.M.C., Androth at Calicut. 4. I am, in these circumstances, satisfied that a direction for transfer as prayed for shall serve the ends of justice eminently. This petition deserves to be allowed. 5. This transfer petition is allowed. Trial in C.C. 25 of 2006 before the J.F.M.C., Androth shall be held by the learned Magistrate at the Camp of the court at Calicut as prayed for. (R. BASANT) Judge tm