IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 Tr.P(Crl.).No. 28 of 2008() --------------------------- CC.722/2005 of C.J.M.,THODUPUZHA CC.162/05 OF J.F.C.M-III KOTTAYAM .................... PETITIONER: ------------ PRINCE JOHN, S/O.JOHN, AGED 31 YEARS, PALATTU VEEDU, B 104, ELANJIKKARA, ELAJI VILLAGE. BY ADV. SRI.S.RAJEEV RESPONDENTS: ------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADDL. 2. J.K.THOMAS @ YOHANNAN, KAROTTU, PERUMBAYIKKADU VILLAGE, KUMARANELLOOR, JEEVENDHARA JUNCTION, KOTTAYAM. BY ADV. SRI.JOSEPH KODIANTHARA FOR R2 SRI.MATHEWS K.UTHUPPACHAN FOR R2 SRI.TERRY V.JAMES FOR R2 PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 05/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Tr.P.(Crl). No.28 of 2008 ------------------------------------- Dated this the 5th day of August, 2008 ORDER Petitioner faces indictment in two different prosecutions, both under Section 420 I.P.C. One (C.C.No.722 of 2005) is pending on the file of the learned Chief Judicial Magistrate, Thodupuzha and the other (C.C.No.162 of 2005) is pending before the learned Judicial Magistrate of the First Class-III, Kottayam. The defacto complainant in both these cases is common and that is the additional 2nd respondent herein. The allegations are substantially identical and according to the petitioner, the transactions in question are integrally connected. In both cases cognizance has been taken on the basis of final reports submitted by the police after due investigation. 2. The learned counsel for the petitioner submits that disposal of both these cases by the same court shall advance the interests of justice ideally. In these circumstances, it is prayed that there may be an appropriate order of transfer so that both the prosecutions will be heard and disposed of by the same court. 3. The learned Public Prosecutor does not raise any Tr.P.(Crl). No.28 of 2008 2 objections, but points out that in one of the two cases, further investigation under Section 173(8) Cr.P.C has already been ordered and the further final report has not been filed so far. 4. The learned counsel for the additional 2nd respondent was requested to specify which of the two courts will be more advantageous to him and the learned counsel for the 2nd respondent submits that the trial can be held before the court of the learned C.J.M, Thodupuzha. I am satisfied that the request can be accepted as agreed by all. 5. In the result: i) This Transfer Petition is allowed; ii) C.C.No.162 of 2005 pending before the learned Judicial Magistrate of the First Class-III, Kottayam is transferred to the court of the learned C.J.M, Thodupuzha where C.C.No.722 of 2005 is also pending; iii) The learned Judicial Magistrate of the First Class-III, Kottayam shall forthwith transmit the records to the transferee court; iv) The petitioner shall appear before such court on 04.09.08 without waiting for any further directions of this Court. 6. It is submitted that a warrant of arrest issued by the Tr.P.(Crl). No.28 of 2008 3 learned C.J.M, Thodupuzha is pending against the petitioner. The petitioner can surrender and seek regular bail in that case. If such application is filed, the learned Magistrate must proceed to pass appropriate orders on merits, in accordance with law and expeditiously - on the date of surrender itself in the light of the decision in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. No special or specific direction appears to be necessary. (R.BASANT, JUDGE) rtr/-