IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 Tr.P(Crl.).No. 26 of 2010() ----------------------------------- CC.200/2006 of C.J.M.,MANJERI .................... PETITIONER(S): FIRST ACCUSED; ------------------------------------------------ KOTHAMBRA KUNJAMMED HAJI, AGED 80 YEARS, S/O.MOOSA, PALARI VILLAGE, CHANGAROTH PANCHAYATH, PERAMBRA, KOZHIKODE DISTRICT. BY ADV. SRI.K.M.FIROZ RESPONDENT(S): DEFACTO COMPLAINANT/ACCUSED 2 AND 3/STATE: ------------------------------------------------------------------------------------------------------ 1. U.P.MUHAMMED, AGED 59 YEARS, S/O.KUNHIMOIDEEN, UCHAPPALLY HOUSE, MUTHUMBARA, MANJERI P.O., ERNAD TALUK, KOZHIKODE DISTRICT. 2. A.P.KUNHAMMED, S/O.MOIDEEN, AGED 59 YEARS, EDAVANNA POYIL, ERAVATTOOR P.O., PERAMBRA, KOZHIKODE DISTRICT. 3. C.P.ABDULLAH, S/O.MOIDEEN, AGED 49 YEARS, CHAKKUPARAMBATH HOUSE, "JANNATH", MEPPAYOOR, KOZHIKODE DISTRICT. 4. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MANJERI POLICE STATION, MANJERI. R1 BY ADV. SRI.K.P.MUJEEB R4 BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 13/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss TPCR . NO.26/2010 APPENDIX PETITIONER'S ANNEXURES A1:- COPY OF THE CRIMINAL COMPLAINT DTD. 9.6.2005. A2:- COPY OF THE RELEVANT PORTION OF THE FINAL REPORT IN CRIME NO.846/2005 OF THE MANJERI POLICE STATION DT.D 31.1.2006. A3:- COPY OF THE ORDER DT. 23.7.2008 PASSED BY THIS HONOURABLE COURT IN CRIMINAL M.C. N O.1617/2008 ALLOWING TRIAL ON CONSOLIDATED CHARGE. A4:- COPY OF THE MEDICAL CERTIFICATE DTD. 26.1.2010 ISSUED FROM AMANNA HOSPITAL, KUTTIADY. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.A. TO JUDGE tss B.P. RAY, J. - - - - - - - - - - - - - - - - - Tr.P.(Crl). No.26 of 2010 - - - - - - - - - - - - - - - - Dated this the 13th day of July, 2011. O R D E R The petitioner, who is the first accused in C.C No. 200 of 2006 on the file of the Chief Judicial Magistrate, Manjeri, has filed this application under Section 407 Cr.P.C to transfer the case from Chief Judicial Court, Manjeri to the court of Chief Judicial First Class Magistrate, Kozhikode on the ground that the petitioner is an old man of 80 years and is not in a position to attend the day to day hearing of the case. Similarly, the offence alleged is basically under Section 138 of the Negotiable Instruments Act r/w 420 IPC. 2. I heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel for the de facto complainant. The learned Public Prosecutor submitted that he has no objection to transfer the case taking into account the age of the accused/petitioner. The learned counsel for respondent No.2 stated that the petitioner can contest the case by filing an application under Section 205 Cr.P.C. Accordingly, I direct the transfer of C.C. No. 200 of 2006 from the file of Chief Tr.P. (Crl.) No. 26/2010 -:2:- Judicial Magistrate, Manjeri to Chief Judicial Magistrate, Kozhikode. This Transfer Petition is disposed of as above. sd/- B.P. RAY, JUDGE. rv