IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 Tr.P(Crl.).No. 22 of 2008() --------------------------- CC.777/2006 of J.M.F.C.,AMBALAPUZHA .................... PETITIONER: ------------ BIJU P.VARGHESE @ MONICHAN S/O.P.C.VARGHESE, AGED 34 YEARS, ALAPATT HOUSE VALAKOM, VAYAKKAL P.O., KOTTARAKKARA. BY ADV. SRI.SREEKANTH S.NAIR RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. K. SHOBA, D/O.LEKSHMIKUTTY KARIPPURATHU MADOM, SANATHANAPURAM P.O. KATTOORKODU WARD, ALAPPUZHA. 3. LATHA SASIDHARAN, 4/463, 5TH STREET AGATHESWARA NAGAR, POZHICHELLOOR TAMIL NADU, PIN: 600 043 BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 13/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Tr. P. (Crl) NO. 22 of 2008 * * * * * * * * * * * * * * * * * * Dated: 13-03-2008 ORDER Petitioner who is the 2nd accused in C.C. 777 of 2006 on the file of the J.F.C.M. Ambalappuzha for an offence punishable under Sec. 420 I.P.C. seeks a transfer of the case to J.F.C.M. Kottarakkara which is nearer to his residence on the ground that he is suffering from disc prolapse and lumbago . The de facto complainant in the case namely Shoba is residing near Alappuzha. The petitioner is residing at Kottarakkara. Merely because he is having disc prolapse, he cannot drag the prosecution witnesses from Ambalappuzha to Kottarakkara to suit his convenience. In case he is so unwell and finds it difficult to attend the court on all the dates of posting of the case for trial, he can move the Magistrate for personal examination provided he does not raise any dispute regarding his identity. Accordingly, if he files such an application the Magistrate shall consider the same and pass appropriate orders in accordance with law. With this liberty, this petition for transfer is dismissed. V. RAMKUMAR, (JUDGE) ani.