IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 Tr.P(Crl.).No. 16 of 2009() ------------------------------------- S.C. NO.114/2008 OF ADDL. SESSIONS COURT ADHOC-I, THALASSERY ........... PETITIONER(S): ACCUSED ------------------------ THIRUMANGALATH ARAVINDAN, S/O. KORAN, AGED 37 YEARS, THIRUMANGALATH HOUSE, PUZHATHI AMSOM KOTTALI DESOM, KANNUR DISTRICT. BY ADV. MR.P.U.SHAILAJAN RESPONDENT(S): COMPLAINANT ------------------------ STATION HOUSE OFFICER, KANNUR TOWN POLICE STATION, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.GIKKU JACOB THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 05/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Tr.P.(Cri) No. 16 of 2009 ------------------------------------------------- Dated this the 5th day of February, 2009 ORDER After discussions at the Bar and called upon to explain how this application is maintainable before this Court in the light of the decision in Surendra Kumar v. Vijayan (2005 (4) KLT 475), the learned counsel for the petitioner only prays that the petitioner may be permitted to withdraw this petition without prejudice to the right of the petitioner to move the learned Sessions Judge under Sec.408/409 Cr.P.C. Request accepted. This petition is dismissed as withdrawn. (R. BASANT, JUDGE) Nan/