IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 Tr.P(Crl.).No. 12 of 2009() --------------------------- SC.316/2006 of SPL. COURT (NDPS ACT CASES), THODUPUZHA .................... PETITIONER(S): --------------- JIBUMON, AGED 33, S/O.CHANDRASEKHARAN NAIR, PARATHANANTH, PARAPPUZHA P.O., THODUPUZHA. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, KARIKUNNAM POLICE STATION (CRIME 17/2005) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. GIKKU JACOB. THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 30/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Tr.P.(Cri) No. 12 of 2009 ------------------------------------------------- Dated this the 30th day of January, 2009 ORDER The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Secs.120B and 307 IPC. He has been brought on the array of accused as the 9th accused. Though he had figured as an accused earlier, in the course of investigation, he was deleted from the array of accused. But in the course of trial invoking the powers under Sec.319 Cr.P.C. the learned Additional Sessions Judge impleaded the petitioner and it was thus that he came on the array of accused. 2. The petitioner apprehends that he may not get justice at the hands of the Presiding Officer. Except this, no other specific ground is urged in support of the prayer for transfer. The learned Sessions Judge before whom an application under Tr.P.(Cri) No. 12 of 2009 -: 2 :- Sec.408 Cr.P.C. was filed dismissed the application by Annexure- A1 order. The petitioner claims to be aggrieved by the stand taken by the learned Sessions Judge and prays that invoking the jurisdiction under Sec.407 Cr.P.C. the case may be transferred to any other court of competent jurisdiction. 3. Except that it was the incumbent in the office who invoked the powers under Sec.319 Cr.P.C. to bring the petitioner on the array of accused, no specific ground is urged to justify the prayer for transfer. I am afraid the said reason is legally inadequate and insufficient to justify the invocation of the jurisdiction of this Court to direct a transfer under Sec.407 Cr.P.C. That mere fact cannot instil in the mind of any reasonable person a justifiable apprehension that he may not get justice at the hands of the court. I am, in these circumstances, satisfied that the prayer for transfer is not justified. 4. This petition is accordingly dismissed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Tr.P.(Cri) No. 12 of 2009 -: 3 :-