IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 Tr.P(Crl.).No. 40 of 2010() --------------------------- CC.500/2008 of J.F.C.M COURT, PONNANI .................... PETITIONER(S): PETITIONER ---------------------------------- RUKSANA, D/O. MUHAMMED KOYA, MEEMBALODI PARAMBU, P.K.NAIR ROAD, G.A.COLLEGE.P.O., KOZHIKODE. BY ADV. SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA RESPONDENT(S): RESPONDENT AND STATE ----------------------------------- 1. P.K.MUHAMMED SALIM, SON OF BAPPUTTY, KOYAKKANNIL HOUSE, VELIYANKODE.P.O., PONNANI, MALAPPURAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. BY PUBLIC PROSECUTOR MR.KAMMAPPU THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 20/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Tr.P(Crl).No. 40 OF 2010 -------------------------------------- Dated this the 20th day of July, 2010 ORDER Petitioner, who is the wife of the 1st respondent and who is the de facto complainant in Crime No.405/2008 of Ponnani Police Station for an offence punishable under Section 498A IPC and presently pending before the J.F.C.M Court, Ponnani as C.C.No.500/2008, seeks a transfer of the said case to J.F.C.M Court, Kannur where the petitioner claims to be having her 'tharavadu'. According to the petitioner, the 1st respondent is out to harm her and in case she goes to Ponnani Court as a witness, he might visit her with corporal harm since he has openly declared that he would pour acid on her face. The petitioner, who is a law graduate and stated to be practicing at Kannur, therefore seeks the above transfer. The learned Counsel for the petitioner submits that the learned Magistrate had already issued a non-bailable warrant of arrest against the petitioner, who is charge witness No.2 in the above case. 2. Petitioner is not the complainant in a private complaint. She is only one of the prosecution witnesses in the above case which was originated on the strength of a police report. It was on the strength of the First Information Statement lodged by the petitioner before the Ponnani police that the aforementioned crime was registered by the police. The location of the tharavadu of the petitioner is not at all relevant for deciding the jurisdiction of the trial Court. The apprehension of Tr.P(Crl).No. 40 OF 2010 2 attack by her husband and his henchmen can be taken care of by providing adequate protection to the petitioner. If the learned Magistrate has already issued a warrant of arrest against the petitioner, it means that the petitioner did not respond to the summons issued to her. The case is stated to have been posted to 30.7.2010. In case the petitioner appears before the Court at Ponnani to give evidence as a prosecution witness, the Ponnani police shall afford adequate protection to the petitioner to ensure her safety at the hands of the 1st respondent and others. In case the petitioner so appears before the Magistrate on 30.7.2010 and subsequent dates, if necessary, the warrants pending against her shall stand recalled. This Transfer Petition (Crl.) is disposed of as above. V.RAMKUMAR, JUDGE dmb