IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(Crl.).No. 50 of 2010()
1. MANUEL GEORGE,VELLUKUNNEL HOUSE,
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTED BY PUBLIC
... Respondent
2. N.S.SUKUMARA PANICKER,LAKSHMI BHAVAN,
For Petitioner :SRI.S.RAJEEV
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :07/12/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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Tr.P.(CRL.)NO.50 OF 2010
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Dated 7 December, 2010
O R D E R
Petitioner, the appellant in
Crl.A.49/2010 on the file of Additional
Sessions court (Adhoc-II), Kottayam filed
Crl.M.P.2831/2010 before Sessions Court,
Kottayam to transfer Crl.A.49/2010 to any
other Sessions court at Kottayam. By
Annexure-I order it was dismissed.
Aggrieved by that order petitioner filed
this transfer petition, for the same
relief.
2. Learned counsel appearing for
the petitioner was heard.
3. Argument of the learned counsel
appearing for the petitioner is that
Additional Sessions Judge was the Chief
Tr.P.(cr).50/10
2
Judicial Magistrate at Kottayam and at that
time non bailable warrant was issued against
the petitioner and petitioner has to approach
this court to get bail and Additional Sessions
Judge, as Chief Judicial Magistrate, in the
presence of the complainant had stated that the
matter has to be settled by the petitioner and
if not, he would be sent to jail and in such
circumstances, the petitioner apprehends that
he will not get justice from that court.
4. Annexure-I order shows that apart
from the Sessions Judge, there are two other
Additional Sessions Judges at Kottayam. It was
the other Sessions Judge who convicted the
petitioner, in his capacity as Chief Judicial
Magistrate. Therefore, appeal cannot be
transferred to that court. Though learned
counsel appearing for the petitioner vehemently
Tr.P.(cr).50/10
3
argued that there is reasonable apprehension in
the mind of the petitioner due to the incidents
stated by the petitioner, I do not find it a
justifiable reason to order transfer. I do not
believe that Additional Sessions Judge would be
biased against the petitioner or will not
dispose the matter in accordance with law.
Being a Senior Judicial Officer, Additional
Sessions Judge shall be immune to the
allegations raised in this petition. Learned
Additional Sessions Judge is expected to decide
the appeal unbiased and on the evidence. Hence
no transfer is warranted.
Petition is dismissed
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.