IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Tr.P(Crl.).No. 68 of 2011() --------------------------- CC.13/2010 of J.M.F.C.,VADAKARA .................... PETITIONER(S)/ACCUSED NO.1 TO 3 :- -------------------------------------------------------- 1. PREMAN RITCHIE, AGED 52 YEARS, S/O MIRANDA, MEENAKOTTAGE, MURIKUMPUZHA PO, THIRUVANANTHAPURAM 2. KAVITHA , AGED 43 YEARS, W/O PREMAN RITCHIE, MEENAKOTTAGE, MURIKUMPUZHA PO, THIRUVANANTHAPURAM 3. M/S RITCHIE ENTERPRISES, C.K.VILASAM, T.C.699(2), T.K.DIVAKARAN ROAD, MUTTADA P.O, THIRUVANANTHAPURAM REPRESENTED BY PREMAN RITCHIE. BY ADV. SRI.P.M.JOSHI SMT.T.JUSTY MATHEW SMT.BEENA JUSTY RESPONDENT(S)/COMPLAINANT :- ------------------------------------------------- 1. P.K.MANOJ KUMAR, AGED 43 YEARS, S/O ACHUTHAN, VATTAYANIYIL HOUSE, IRINGAL P.O,VADAKARA (VIA), KOZHIKKODE DISTRICT. PIN-673 101. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR , HIGH COURT OF KERALA. ADV. SRI.C.VALSALAN FOR R1 SRI.K.RAKESH ROSHAN FOR R1 SMT.THUSHARA.V FOR R1 PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P.(Crl).No.68 of 2011 APPENDIX Petitioner's Exhibits :- Annexure 1 :- Copy of the complaint in C.C.No.13/2010 of the Judicial First Class Magistrate Court, Vadakara. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge N.K.BALAKRISHNAN, J. -------------------------------- Tr.P.(Crl). No.68 of 2011 ----------------------------------- Dated this the 23rd day of November 2011 O R D E R This petition is filed by the accused in a case filed under Sec.138 of the N.I.Act for transfer of the case which is now pending before J.F.C.M., Vadakara to any court in Thiruvananthapuram District. This request is strongly opposed by the learned counsel for the first respondent/complainant. The complaint was reported to be filed on 24.11.2009. It was taken on file. Process was issued to the accused. They did not appear. Pursuant to the NBW issued by the court, petitioners were arrested and produced before J.F.C.M., Vadakara on 19.9.2011 and they were granted bail on that day. According to the learned counsel for the respondent, petitioners could not thereafter appear before the court. The allegation made by the petitioners is that on the day when they appeared or produced before the court, after they were granted bail, Tr.P.(Crl). No.68 of 2011 -: 2 :- they were threatened/detained by the complainant/his men. This allegation is denied by the first respondent stating that no such incident was there and that had there been any such incident, a complaint should have been given either to the Police or to the learned Magistrate. Nothing of that sort was done. In these circumstances, I find no merit in this petition. Hence this transfer petition is dismissed. N.K.BALAKRISHNAN, JUDGE. Jvt