IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 Tr.P(Crl.).No. 56 of 2010() ------------------------------------ CC.NOS.502 OF 2005, 582 OF 2005, 708 OF 2008, 993 OF 2008 AND 183/2008 of JUDICIAL FIRST CLASS MAGISTRATE COURT,KATTAKADA .................... PETITIONER(S): ------------------- ------- SOSAMMA VARGHESE, AGED 58 YEARS, D/O.RAHELAMMA, HAVING PERMANENT RESIDENCE AT "ANGEL BHAVAN", KUNNINPURAM, VILAPPILSALA, VILAPPIL VILLAGE, THIRUVANANTHAPURAM PRESENTLY RESIDING AT "SHANTHI BHAVAN", NEAR PMG JN, THIRUVANANTHAPURAM. BY ADV. SRI. RAM MOHAN G. SRI.SHINOD.G.P. SRI.GOVIND.P. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, AT THE HIGH COURT OF KERALA AT ERNAKULAM.682 031. 2. S.YESUDASAN NADAR, OOTTUKUZHY VEEDU, CHERUKODE - OOTTUKUZHY, VILAPPILSALA, VILAPPIL P.O., THIRUVANANTHAPURAM. 695572. R1 BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 07/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. =========================== T.P.(Crl) No.56 OF 2010 =========================== Dated this the 7th day of December,2010 ORDER Petitioner the wife of the second respondent filed this petition for transfer of C.C.502/2005, 582/2005, 708/2008, 993/2008 and 183/2008 on the file of Judicial First Class Magistrate, Kattakkada, to any other court in Thiruvananthapuram Sessions Division. As she is bound to, petitioner originally approached the learned Sessions Judge by filing Crl.M.P. (T.P.)858/2010 and Crl.M.P.(T.P.)2326/2010. In the former to transfer C.C. 858/2010 and the latter to transfer the remaining four cases. By Annexure A and B orders, learned Sessions Judge dismissed the petitions. 2. Learned counsel appearing for the petitioner was heard. 3. The argument of the learned counsel Tr.P(Crl)56/2010 2 appearing for the petitioner is that learned Magistrate did not properly consider the applications for bail and when there is a threat against the petitioner which was found to be true by this court in Annexure E order in W.P.(C) 30386/2008 which was subsequently confirmed in Annexure F order, learned Sessions Judge is not justified in stating that there is no reasonable basis for the apprehension of threat. Learned counsel also argued that Annexure C wound certificate support the case of the petitioner that she was assaulted by the second respondent and in such circumstances, for a fair trial, all the cases are to be transferred to some other court from the file of Judicial First Class Magistrate's Court, Kattakkada. 4. The entire aspects were elaborately considered by the learned Sessions Judge in Annexure A and B orders. Learned Sessions Judge found that petitioner has not so far approached either the Presiding Officer where the criminal Tr.P(Crl)56/2010 3 cases are pending disclosing that there was a threat or filed any complaint against the second respondent that there was any threat. Learned Sessions Judge after analysing the conduct of the petitioner found that there is no bona fides on the part of the petitioner in filing the application for transfer and it is only intended to harass the second respondent who is being compelled to appear before some other court in Thiruvananthapuram and there is no justification for the transfer. On going through Annexure A and B orders, I do not find any reason to take a different view. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006