1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12.10.2011 CORAM: THE HONOURABLE MR.JUSTICE S.NAGAMUTHU Criminal Original Petition (MD) No.14654 of 2010 K.Soudeeswari ... Petitioner / PW1 Vs 1.The Deputy Superintendent of Police, Karur Sub-Division, Karur. 2.The Sub-Inspector of Police, Velliyanai Police Station, Karur District. Cr.No.160 of 2009. ... Respondents 1 & 2/Complainant 3.R.Pommunayakkar ... Respondent 3/ sole accused This petition is preferred under Section 407 Cr.P.C to direct to transfer the case in S.C.No.47 of 2010 pending before the learned District and Sessions Court/Special Court for SC/ST (POA), Cases, Karur District to any other Court of competent jurisdiction outside Karur District. For Petitioner :Mr.T.Lajapathi Roy For Respondents 1 & 2:Mr.C.Ramesh Additional Public Prosecutor For respondent No.3 :Mr.P.Athimoola Pandian ORDER Seeking a direction to transfer the case in S.C.No.47 of 2010, which is now pending on the file of the learned District and Sessions Judge/Special Court for SC/ST (POA) Cases, Karur District, the petitioner, who is the de facto complainant in the said case, has come up with the present petition. 2.In support of the petition, the petitioner has filed an affidavit, wherein, he has stated that whenever he goes to Karur, he is likely to be harmed by the third respondent and in the result, he would not have fair trial in the Court of the learned District and Sessions Judge/Special Court for SC/ST (POA) Cases, Karur District. 3.The learned counsel for the third respondent would deny the said allegation. According to him, the third respondent will not harm the de facto complainant in any manner. All the allegations made against him are false. He further submitted that S.C.No.47 of https://hcservices.ecourts.gov.in/hcservices/ 2 2010 has been posted for trial on 19.10.2011 and he is preparing to face the trial in accordance with law. 4.I have considered the above said submission. The only ground raised is that the third respondent may harm the petitioner, when he goes to court to give evidence. The third respondent submitted that he will not harm the petitioner. Therefore the only ground raised by the petitioner for transfer is rejected. However, I am of the opinion that a direction can be issued to ensure the safety of the petitioner, when he goes to Court at Karur to give evidence without any fear. 5.In the result, this petition is dismissed, however, with a direction to the first respondent, Deputy Superintendent of Police, Karur Sub-Division, Karur, to ensure the safety of the petitioner, when he goes to court to give evidence in the present case, so that there shall be a free atmosphere to depose without any fear. Consequently, connected M.P.No.1 of 2011 is also dismissed. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To 1.The Deputy Superintendent of Police, Karur Sub-Division, Karur. 2.The Sub-Inspector of Police, Velliyanai Police Station, Karur District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.T.Lajapathi Roy, Advocate, Sr.No.35445 Crl.O.P.(md).No.14654 of 2010 vs SMA/31.10.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/