IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 Tr.P(Crl.).No. 116 of 2009() ---------------------------- CC.261/2009 of J.M.F.C.-III,TRIVANDRUM .................... PETITIONER(S): ------------------------- R.RAMAKRISHNAN, AGED 58 YEARS, AJU NIVAS, AVANAVU RD., PERAMANGALAM, THRISSUR. BY ADV. MR.K.A.SREEJITH RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. S.SUGATHAN, SECURITY GUARD, SECRETARIAT, THIRUVANANTHAPURAM RESIDING AT CHULLIMANNUR, NEDUMANGAD, THIRUVANANTHAPURAM. 3. V.GOPALAKRISHNAN, SECURITY GUARD, SECRETARIAT, THIRUVANANTHAPURAM RESIDING AT NALLATH LANE, POOJAPPURA, THIRUVANANTHAPURAM. R1 BY PUBLIC PROSECUTOR MR. S.U.NAZAR THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 10/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== Tr.P.(Crl)No. 116 OF 2009 =========================== Dated this the 10th day of December,2009 ORDER Petitioner is the complainant in C.C.261/2009 on the file of Judicial First Class Magistrate Court-III, Thiruvananthapuram taken cognizance by the learned Magistrate for the offence under sections 341 and 323 read with section 34 of Indian Penal Code. This petition is filed under section 482 of the Code of Criminal Procedure to transfer that case to Thrissur contending that because of the physical condition of the petitioner, evidenced by Annexure A3, the case is to be transferred. 2. The incident occurred at Thiruvananthapuram. The witnesses to be examined are all from Thiruvananthapuram. For the sole reason that petitioner is suffering from illness,the case cannot be transferred to Thrissur. Presence of the petitioner will be necessary only for recording his evidence. It is too early to find whether petitioner is capable of giving evidence at Thiruvananthapuram. Petitioner is at liberty to seek necessary direction for his Tr.P(Crl)116/2009 2 examination from the Magistrate. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006