IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 Tr.P(Crl.).No. 86 of 2007() --------------------------- CC.1283/2007 of J.M.F.C.-I,THRISSUR .................... PETITIONER: ACCUSED ------------------- SHAMSUDHEEN.S., AGED 35 YEARS, S/O.SHAHUL HAMEED, AYSHA MANZIL, POOKKADU, THATHAMANGALAM P.O., PALAKKAD, NOW WORKING AS SUB INSPECTOR OF POLICE, TOWN EAST POLICE STATION, THRISSUR. BY ADV. SRI.S.RAJEEV RESPONDENTS: COMPLAINANTS & STATE --------------------------------- 1. DILEEP KUMAR, S/O.PONNUKKUTTAN, MALAMEL VEEDU, PANNIYANKARA AMSOM, KANNEMBRA VILLAGE, VADAKKUMCHERY. 2. ANEESH, S/O.SADANANDAN, PUTHENPURAYIL VEEDU, VILANGANNUR DESOM, PEECHI VILLAGE, THRISSUR. 3. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADDL.R4. K.BABUKUTTY, S/O.KUNJU KUNJU POZHUVILA VEETTIL, VALAKAM POST, KOTTARAKKARA. (ADDL.R4 IS IMPLEADED AS PER ORDER DT.29/11/2007 IN CRL.M.A.NO.6457/08) BY ADV. SRI.P.SANTHOSH (PODUVAL) FOR R1-2 PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- T.P.Crl.No.86 of 2007 ---------------------------------------- Dated this the 4th day of July 2008 O R D E R The petitioner, the Sub Inspector of Police of the local police station, allegedly on coming to know that some persons were creating confusion in a public transport vehicle under the influence of alcohol, proceeded to the vehicle and arrested two persons. They happened to be lawyers. The petitioner allegedly took action in accordance with law against such persons and brought them to court. Before the learned Magistrate, the lawyers complained that they were manhandled by the petitioner and the petitioner was guilty of culpable conduct against them. The learned Magistrate took cognizance of the case against the petitioner. The same is registered as C.C.No.1283/2007 and the same is pending before the J.F.M.C-I, Thrissur. The case against the lawyers concerned was also pending before the J.F.M.C-1, Thrissur. That case has now been transferred at the request of the learned Magistrate to the J.F.M.C, Chavakkad. The petitioner has come to this court with a prayer that the case against him i.e. C.C.No.12/07 may also be transferred to any Tr.P.Crl.No.86/2008 2 other court. According to him, he apprehends hostile behaviour on the part of the Bar if he were to appear before the learned Magistrate in that case registered against him at the instance of an Advocate. He further submits that there has been a non- formal decision of the Bar Association under which members of the Bar have decided not to appear and defend the petitioner. The petitioner is therefore not able to secure a counsel from the local Bar to defend him. For all these reasons, the petitioner prays that the case may be directed to be transferred to the J.F.M.C, Chavakkad. Of course, the first prayer of the learned counsel for the petitioner is to transfer the case to any court at Palakkad. The application is opposed by the learned counsel for the respondent. 2. Heard the submissions of the learned counsel for the petitioner. Notwithstanding the opposition of the learned counsel for the respondent/complainant and notwithstanding the preference of the petitioner to get the case transferred to any court in Palakkad, I am satisfied that the interests of justice would be served eminently by directing the transfer of the case to the J.F.M.C, Chavakkad to which court the related case has Tr.P.Crl.No.86/2008 3 admittedly been transferred by now. 3. In the result, a) This petition is allowed. b) C.C.No.1283/2007 pending before the J.F.M.C-1, Thrissur is transferred to the J.F.M.C, Chavara. The J.F.M.C,Thrissur shall forthwith transmit the records to the transferee court. Both parties shall appear before that court on 4/8/2008 without waiting for any further directions from the court. (R.BASANT, JUDGE) jsr Tr.P.Crl.No.86/2008 4 Tr.P.Crl.No.86/2008 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007