IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 12TH JANUARY 2011 / 22ND POUSHA 1932 Tr.P(Crl.).No. 58 of 2010() --------------------------- SC.280/2010 of SESSIONS COURT, KOTTAYAM ................... PETITIONERS / CW'S NO. 4 TO 6 : ------------------------------------------------ 1. KARAPPAI, AGED 38 YEARS, W/O. KRISHNAN, NADUPURATTIL LAYATHIL, LAHA MURI, PERUNAD VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT.(CW NO.4) 2. REJINA, AGED 36 YEARS, W/O. E.V. MADHU, ELAVUMADATHIL HOUSE, LAHA.P.O., PERUNAD VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT (CW NO.5) 3. MANIYAMMA, AGED 37 YEARS, W/O. SADASIVAN, NADUPURATTIL LAYATHIL, LAHA MURI, PERUNAD VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT. (CW NO.6) BY ADV. SRI.JOHNY K.GEORGE RESPONDENTS / STATE / COMPLAINANT / DEFACTO COMPLAINANT : ------------------------------------------------------------------------------------------------------ 1. THE DY. S.P. OF POLICE, KANJIRAPPALLY. 2. THE SUB INSPECTOR OF POLICE, ERUMELI. 3. SARATH.M.S., AGED 21 YEARS, S/O. SASI.M.S., MELEDATHU VEEDU, PERUNAD MURI, PERUNAD VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT. 4. TIJO @ TIJOMON THAMPI, AGED 21 YEARS, S/O. THAMPI, AZHAKETHU VEEDU, MAMPARA MURI, PERUNAD VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT. ...2/- Tr.P(Crl.).No. 58 of 2010() -2- 5. SUJEESH.K.S. @ APPU, AGED 24 YEARS, S/O. SURENDRAN, KUZHIPARAMBIL VEEDU, PUTHUKKADA MURI, PERUNAD VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT. 6. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1, R2 & R6 BY PUBLIC PROSECUTOR SMT. PUSHPALATHA R3 TO R5 BY ADV. SRI.V.SETHUNATH THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 12/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn THOMAS P.JOSEPH, J. ==================================== Tr.P(Crl.) No.58 of 2010 ==================================== Dated this the 12th day of January, 2011 O R D E R This petition is for transfer of S.C. No.280 of 2010 from the court of learned Sessions Judge, Kottayam to the court of learned Sessions Judge, Pathanamthitta. Petition is filed by C.Ws.4 to 6 for themselves and on behalf of C.Ws1 to 3, minors. Offences involved are under Sections 363 and 354 read with Section 34 of the Indian Penal Code and Section 3(1)(xi) of the SC/ST (PA) Act. The case arose from Crime No.454 of 2009 of Erumeli police station. Learned Judicial First Class Magistrate-II, Kanjirappally committed the case for trial in C.P. No.8 of 2010. Transfer is requested for on the ground of inconvenience of the non-official witnesses. It is stated that of the 19 witnesses cited by the prosecution, 13 are non-official witnesses hailing from Ranni Taluk in Pathanamthitta, the distance from their place of residence to Kottayam being around 100 kms. The official witness are all stationed at Erumeli and the distance from that place to Kottayam and Pathanamthitta is almost equal. Accused also belong to Ranni and suburbs. In the circumstances transfer to Tr.P(CRL.) No.58 of 2010 -: 2 :- Pathanamthitta will not cause any inconvenience to anybody and it will only be convenient to the non-witnesses and the accused. I have heard learned counsel for petitioners, accused and the learned Public Prosecutor. Accused have no objection in transferring the case to Pathanamthitta court. 2. Having regard to the circumstances stated above I am inclined to think that convenience of parties including non-official witnesses and the accused requires the case to be transferred to Pathanamthitta and that will not cause inconvenience to the official witnesses. Resultantly, this Criminal Miscellaneous Case is allowed and S.C. No.280 of 2010 pending in the court of learned Sessions Judge, Kottayam is withdrawn from that court and made over to the court of learned Principal Sessions Judge, Pathanamthitta for trial and disposal. Learned Sessions Judge, Kottayam shall fix the date for appearance of the accused in the transferee court. Prosecution witnesses shall appear in the court of learned Principal Sessions Judge, Pathanamthitta on receipt of summons from that court. THOMAS P. JOSEPH, JUDGE. vsv