IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 Tr.P(Crl.).No. 35 of 2007() --------------------------- ST.161/2006 of J.M.F.C.-II,THODUPUZHA .................... PETITIONER: ACCUSED -------------------------- K.R.VENUGOPAL @ VENUNADHA PILLAI, LAKSHMI NIVAS, NORTH FORTGATE, NEAR DEVI NURSING HOME, TRIPUNITHURA P.O., ERNAKULAM. BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS: COMPLAINANT/STATE ------------------------------------------- 1. MANUKUMAR S., ADVOCATE, S/O. SREEDHARAN PILLAI, KAKKANATTU HOUSE, MUTHARAMKUNNU KARA, VENGALLOOR P.O., THODUPUZHA. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR, SRI JAI GEORGE R1 BY ADV. SRI.V.K.SUNIL THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 26/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Tr.P(Crl) No. 35 OF 2007 ----------------------------------------------- Dated this the 26th day of June, 2008 O R D E R This petition is to transfer a case pending before the JFCM- II, Thodupuzha to any other court outside Idukki district. 2. What is the reason? The petitioner is the accused in a prosecution under Section 138 of the NI Act. The 1st respondent herein is the complainant in that case. The 1st respondent is an advocate practising in the courts at Thodupuzha. As the complainant is an advocate practising there, petitioner apprehends that he may not get a fair trial at such a centre. 3. The 1st respondent who has entered appearance fairly submits that if the petitioner has any such an apprehension, he has no objection to transfer the case to any other court where he is not practising. Learned counsel for the petitioner submits that the case may be directed to be transferred to any other court outside the district. Learned counsel for the 1st respondent prays that the case may be transferred to the court at Adimali which is one of the nearest courts where the petitioner is an accused in a police charge case under Sections 403 and 406 IPC. The interest Tr.P(Crl). No. 35 OF 2007 2 of the petitioner will not suffer in any manner if the case is transferred to that court, it is submitted. 4. Learned counsel for the petitioner submits that the case may be transferred to the court at Muvattupuzha which is nearer to the court at Thodupuzha. The fact that the petitioner's (another) case is pending at Adimali is not disputed. Considering all the relevant facts, the request of the petitioner to direct transfer can be accepted and at the same time the request of the 1st respondent that the case may be transferred to Adimali court can also be accommodated. 5. In the result: i) This petition is allowed. ii) ST No.161/2006 pending before the JFCM-II, Thodupuzha shall be transferred to the JFCM Court, Adimali. Parties shall appear before the Court at Adimali on 28.07.08, without waiting for any further directions from that Court. iii) The JFCM-II, Thodupuzha shall forthwith transfer the records to the JFCM Court, Adimali and such records shall be made available on or before 28.07.08. JFCM Court, Adimali shall proceed to dispose of the Tr.P(Crl). No. 35 OF 2007 3 case as expeditiously as possible, at any rate within a period of three months from the date on which the parties appear before the learned Magistrate, i.e., on 28.07.08. R. BASANT, JUDGE ttb Tr.P(Crl). No. 35 OF 2007 4 Tr.P(Crl). No. 35 OF 2007 5