IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 Tr.P(Crl.).No. 11 of 2008() --------------------------- CC.352/2005 of C.J.M.,THALASSERY .................... PETITIONER: ACCUSED: -------------------- BABY M.I., AGED 43 YEARS,S/O.ISSAC M.V., MANNAMPUZHA HOUSE,ATHANI(P.O),VIA.MULAMKUNNATHUKAV THRISSUR DIST.,PRESENTLY WORKING AS SUB INSPECTOR, OF POLICE,CRIME DETACHMENT,OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE(CRIME DETACHMENT) CIVIL LINE,AYYANTHOLE (P.O), THRISSUR. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.A.S.SABU SRI.RAJAN VELLOTH RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADDL.R2. M. KAMALA, W/O. RAJAN, PILAKKANDY BUILDINGS A.V.K. NAIR ROAD, THALASSERY. ( IS IMPLEADED AS ADDL. 2ND RESPONDENT AS PER ORDER DT.9.6.08 IN CRL.M.A.3053/08). ADD.R3. P. SAJU, ADVOCATE, THALASSERY. (IMPLEADED AS ADDL. R3 AS PER ORDER DT.17.7.08 IN CRL.M.A. 3682/08 IN TR.P.C. 11/08). R1 BY PUBLIC PROSECUTOR SRI. AMJAD ALI SRI.C.P.PEETHAMBARAN FOR R3 THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 19/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Tr.P.(Crl).No. 11 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of August, 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sections 186 and 506(i) I.P.C. The petitioner is a police official. Crime has been registered suo moto by the C.J.M., Tellicherry. The matter is pending before the Court of C.J.M., Tellicherry. It is prayed that the case may be transferred to any court outside Tellicherry. The petitioner would contend that the Advocates at Tellicherry have taken a decision not to appear for the petitioner before the Court at Tellicherry. In support of this assertion he has filed Annex.A1 letter received from his counsel at Kannur, who has expressed his inability to appear before the Court at Tellicherry on behalf of the petitioner in the wake of the protest by the members of the Tellicherry bar. The petitioner, in these circumstances, prays that in the interests of justice the case may be transferred to the court of C.J.M., Kozhikode or any other court. Tr.P.(Crl).No. 11 of 2008 2 2. The respondents have entered appearance through counsel. The learned counsel for the third respondent submits that though the respondents do not want to raise any serious objections against the proposed transfer, it is totally incorrect to say that the Bar at Tellicherry has taken any such decision. The petitioner does not have a case that he approached any named counsel specifically at Tellicherry. Annex.A1 letter from the present counsel of the petitioner is manipulated to justify the prayer for transfer. 3. I am satisfied in the nature of the allegations and counter allegations raised that it will be in the interests of justice to transfer the case to any other court situated outside Tellicherry. Such a direction, I am satisfied, shall serve the ends of justice eminently. 4. This transfer petitions is accordingly allowed. C.C. 352 of 2005 pending before the C.J.M., Tellicherry is transferred to the Court of J.F.M.C.-I, Kannur. The learned C.J.M. shall forthwith transmit the records to the learned J.F.M.C.-I, Kannur. The parties shall appear Tr.P.(Crl).No. 11 of 2008 3 before the J.F.M.C.-I, Kannur on 15.9.2008 to continue the proceedings without waiting for any notice from the transferee court. (R. BASANT) Judge tm