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. 50 of 2010() --------------------------------------- CRA.49/2010 of DISTRICT & SESSIONS COURT (ADHOC-II), KOTTAYAM. .................... PETITIONER/PETITIONER: --------------------------------------- MANUEL GEORGE, VELLUKUNNEL HOUSE, CHETTUTHODU.P.O, KONDOOR VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENTS/RESPONDENTS: ------------------------------------------------ 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. N.S. SUKUMARA PANICKER, LAKSHMI BHAVAN, COLLECTORATE. P.O, KOTTAYAM-686 001. R1 BY PUBLIC PROSECUTOR MR.I.V. PRAMOD. THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 07/12/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs M.SASIDHARAN NAMBIAR,J. --------------------------------------------- Tr.P.(CRL.)NO.50 OF 2010 --------------------------------------------- Dated 7 December, 2010 O R D E R Petitioner, the appellant in Crl.A.49/2010 on the file of Additional Sessions court (Adhoc-II), Kottayam filed Crl.M.P.2831/2010 before Sessions Court, Kottayam to transfer Crl.A.49/2010 to any other Sessions court at Kottayam. By Annexure-I order it was dismissed. Aggrieved by that order petitioner filed this transfer petition, for the same relief. 2. Learned counsel appearing for the petitioner was heard. 3. Argument of the learned counsel appearing for the petitioner is that Additional Sessions Judge was the Chief Tr.P.(cr).50/10 2 Judicial Magistrate at Kottayam and at that time non bailable warrant was issued against the petitioner and petitioner has to approach this court to get bail and Additional Sessions Judge, as Chief Judicial Magistrate, in the presence of the complainant had stated that the matter has to be settled by the petitioner and if not, he would be sent to jail and in such circumstances, the petitioner apprehends that he will not get justice from that court. 4. Annexure-I order shows that apart from the Sessions Judge, there are two other Additional Sessions Judges at Kottayam. It was the other Sessions Judge who convicted the petitioner, in his capacity as Chief Judicial Magistrate. Therefore, appeal cannot be transferred to that court. Though learned counsel appearing for the petitioner vehemently Tr.P.(cr).50/10 3 argued that there is reasonable apprehension in the mind of the petitioner due to the incidents stated by the petitioner, I do not find it a justifiable reason to order transfer. I do not believe that Additional Sessions Judge would be biased against the petitioner or will not dispose the matter in accordance with law. Being a Senior Judicial Officer, Additional Sessions Judge shall be immune to the allegations raised in this petition. Learned Additional Sessions Judge is expected to decide the appeal unbiased and on the evidence. Hence no transfer is warranted. Petition is dismissed M.SASIDHARAN NAMBIAR, JUDGE. uj.