IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 Tr.P(Crl.).No. 39 of 2011() --------------------------------- CC.252/2008 of JUDICIAL FIRST CLASS MAGISTRATE DEVIKULAM .................... PETITIONER: -------------------- J.JAYAPAUL MOHAN,NO.14,VEERASWAMY, 3RD STREET,AYANAVARAM,CHENNAI 600 023. BY ADV. SRI.G.SUDHEER RESPONDENTS: ----------------------- 1. STATE OF KERALA,REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SATHEESH,S/O.CHETTA DURAI, AGED 27,TEMPLE LINE, MUNNAR. 3. ANNAMALAI,S/O.CHELLAPPACHETTIYAR, AGED 27, TEMPLE ROAD, MUNNAR. 4. MURUKAN,S/O.THANKASWAMY, AGED 45,SARAVANA BHAVAN,MUNNAR. 5. RAJAN,S/O.YESAYYA,AGE 32, LEKSHAM COLONY,MUNNAR. 6. RAJESH,S/O.KUZHNAN, AGED 27,SANDOS COLONY,PUTHUKARI,CHENTHOORY ESTATE. 7. RAJESH @ RUBAN RAJESH,S/O.RAJAMONY, AGED 21, FACTORY DIVISION,PERIYAPARA ESTATE, KDH VILLAGE. BY PUBLIC PROSECUTOR SRI. JAYASURYA THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 16/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P(Crl.).No. 39 of 2011() ANNEXURE ANNEXURE A : COPY OF FIR IN CRIME NO. 193/08 OF MUNNAR POLICE STATION ANNEXURE B : COPY OF SUMMONS TO APPEAR AND GIVE EVIDENCE ISSUED TO PETITIOERS WIFE //TRUE COPY// PA TO JUDGE smt THOMAS P. JOSEPH, J. ~~~~~~~~~~~~~~~~ Tr.P.(Crl) No.39 of 2011 ~~~~~~~~~~~~~~~~~ Dated this the 16th day of June 2011 O R D E R Petitioner is CW2 and the brother of de facto complainant (who, I am told is no more) in C.C.No.252 of 2008 of the court of learned Judicial First Class Magistrate, Devikulam arising from Crime No.193 of 2008 of Munnar Police Station for offences punishable under Secs.354, 341, 323, 324, 325, 427 and 506(ii) r/w Sec.34 of the Indian Penal Code (for short, “the IPC”). 2. Case is that while petitioner, de facto complainant and Cws.3 and 4 came to Munnar for a visit and stayed in the hotel of respondent 2 onwards, they brutally manhandled petitioner and others and committed offences as alleged. Petitioner says that they belong to Chennai and have their relatives at Neyyattinkara. Respondent 2 onwards have threatened petitioner and others from Tr.P.(Crl) No.39 of 2011 -: 2 :- appearing in court and giving evidence against them. Petitioner and others are afraid to go to Devikulam to give evidence. Hence it is prayed that the case may be transferred to the court of learned Judicial First Class Magistrate, Neyyattinkara. 3. I have heard learned counsel for petitioner and the learned Public Prosecutor. 4. Apart from petitioner and Cws.3 and 4, other witnesses in the case hail from Munnar and suburbs. For the reason alleged threat alone the case cannot be transferred to a far away place at Neyyattinkara. That would cause much inconvenience to respondent 2 onwards and other witnesses. Hence the request for transfer cannot be allowed. 5. At the same time, apprehension of petitioner and others must be allayed. It is the responsibility of the charging officer to give adequate protection to the prosecution witnesses on their arrival in court. Hence, the Tr.P.(Crl) No.39 of 2011 -: 3 :- Sub Inspector of Police, Munnar shall give adequate protection to the petitioner and Cws.3 and 4 on their arrival at Munnar to give evidence in the case. Resultantly this petition is disposed of in the following lines :- (1)Learned Judicial First Class Magistrate, Devikulam is directed to ensure that as far as possible petitioner and Cws.3 and 4 are examined the same day. (2)The Sub Inspector of Police, Munnar is directed to give adequate protection to the petitioner and Cws.3 and 4 on their arrival at Munnar to give evidence in the Judicial First Class Magistrate Court, Devikulam in C.C.No.252 of 2008. They shall be given sufficient protection from the time of their arrival till they return to their native place. (3)To facilitate the grant of protection, petitioner/CW2 shall give intimation to the Sub Inspector, Munnar in advance regarding the date, time, place and manner Tr.P.(Crl) No.39 of 2011 -: 4 :- of their arrival at Munnar so that the Sub Inspector can arrange for giving adequate protection. (4)The Registry of this Court shall forthwith forward a copy of this order to the Sub Inspector of Police, Munnar who shall strictly comply with the directions made above. THOMAS P. JOSEPH, JUDGE. Jvt