IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 Tr.P(Crl.).No. 34 of 2010() -------------------------------------- CRMP.120/2010 of DISTRICT & SESSIONS COURT, KOTTAYAM C.C. NO.186/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, VAIKOM. .................... PETITIONER(S): ACCUSED ------------------------- V.N.BABY, S/O.NARAYANAN, HARIGEETHAM,KARUPPANKULANGARA PO, CHERTHALA KARA, CHERTHALA NORTH VILLAGE CHERTHALA TALUK. BY ADV. SRI.JOBY CYRIAC RESPONDENT(S): COMPLAINANT-STATE OF KERALA ------------------------- 1. SIBY .S, S/O.SADANANDAN DHANYA SADAN VEEDU, MITTAYIKUNNAM PO VADAYAR VILLAGE, VAIKOM TALUK 686605. 2. THE STATE OF KERALA, REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M.KAMAPPU THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 17/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. ------------------------------------- Tr.P.(Crl.).No.34 of 2010 -------------------------------------- Dated this the 17th day of June, 2010 ORDER Petitioner who is the accused in C.C.No.186/2009 on the file of the J.F.C.M.II, Vaikom which was a prosecution under Section 138 of the Negotiable Instruments Act, 1881 challenges Annexure-A2 order dated 1/6/2010 passed by the Sessions Court, Kottayam dismissing his application for transfer of the C.C. case from the court of the learned Magistrate in who the petitioner was attributing bias. 2. The learned Sessions Judge has considered the case of the petitioner in detail in Annexure A2 order dated 1/6/2010 in Crl.M.P.No.120/2010 to hold that the allegations put forward by the petitioner are unfounded and that the said court is not inclined to accede of the request for transfer of the case from the Court of the Magistrate. It is dissatisfied with the dismissal of his application that the petitioner is before this Court. The learned counsel for the petitioner reiterating the contention of the petitioner submitted that the learned Magistrate has made comments in open court indicating a prejudiced mind. In the light of the observation Tr.P.(Crl.)No.34/2010 : 2 : made by the Sessions Court, the petitioner has not made out any ground for transfer of C.C.No.186/2009. I am sure that the learned Magistrate will dispose of the case without giving room for any sort of allegation of bias or prejudice. This Tr.Petition is accordingly dismissed. V.RAMKUMAR, JUDGE skj