IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 Tr.P(Crl.).No. 70 of 2009(F) --------------------------- CC.531/1997 of J.M.F.C.,VARKALA .................... PETITIONER/5TH ACCUSED:- K.C.ANANDAN, S/O.LATE NEELAKANDAN, AGED 70 YEARS, ANANDABHAVANAM, MALODE P.O., ADOOR, PATHANAMTHITTA DISTRICT. BY ADV. SRI.M.R.SUDHEENDRAN SRI.M.R.HARIRAJ SRI.SURAJ.S SRI.SUNNY ZACHARIA SRI.M.R.RAJENDRAN NAIR, SENIOR ADVOCATE RESPONDENTS/COMPLAINANT AND ACCUSED NO.1: 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SULEKHA, D/O.VASUDEVAN, 'DWARAKA', KMC XIII/530, MUNDAKKAL VILLAGE, KOLLAM. 3. SHYAMAPRASAD, SHYAM NIVAS, THAZHAM MIDDLE ROAD, CHATHANNOOR, MEENADU VILLAGE. R2 BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR SRI. I.V. PRAMOD, PUBLIC PROSECUTOR THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 21.07.2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER NONE APPEARS FOR THE PETITIONER. THE LEARNED COUNSEL FOR THE RESPONDENT IS PRESENT. THE CASE IS DISMISSED FOR DEFAULT. 21.07.2011 sd/- B.P. RAY, JUDGE. TR.P(CRL.).NO. 70 OF 2009 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1 : TRUE COPY OF COMPLAINT DATED 15.07.1997 FILED BY THE 2ND RESPONDENT BEFORE THE JFCM COURT, VARKKALA. ANNEXURE A2 : TRUE COPY OF ORDER DATED 08.05.2001 IN CC NO. 531/1997 OF THE JFCM COURT, VARKALA. ANNEXURE A3 : TRUE COPY OF MEDICAL PRESCRIPTIONS ISSUED TO THE PETITIONER. ANNEXURE A4 : TRUE COPY OF MEDICAL PRESCRIPTIONS ISSUED TO THE PETITIONER. RESPONDENTS' ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE rv B.P. RAY, J. ------------------------------------------------- Tr. P.C No. 70 OF 2009 ------------------------------------------------- DATED THIS THE 4th DAY OF AUGUST, 2011 O R D E R Heard learned counsel for petitioner and learned Public Prosecutor. 2. Petitioner is the 5th accused in CC No.531/1997 on the file of Judicial First Class Magistrate Court, Varkala for offences punishable under Sections 494 and 114 read with Section 34 of IPC. 3. I am not inclined to transfer the case. Learned counsel for the petitioner states that petitioner is an old man aged 70 years and it may not be possible for him to appear before the trial Court on each day for trial. Considering the above facts, it is open to the petitioner to approach the trial court for dispensing with his personal appearance. If the petitioner makes an application under Section 205 Cr.PC on or before 20-08-2011 before the learned Magistrate the same shall be allowed on such terms and conditions the learned Magistrate deems fit. Transfer Petition is disposed of as above. Sd/ B.P. RAY, JUDGE. AMG True copy P.A to Judge