Baby M.I. vs State Of Kerala on 19 August, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Tr.P(Crl.).No. 11 of 2008()


1. BABY M.I., AGED 43 YEARS,S/O.ISSAC M.V.,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.NAGARAJ NARAYANAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :19/08/2008

 O R D E R
                             R. BASANT, J.
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                    Tr.P.(Crl).No. 11 of 2008
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             Dated this the 19th day of August, 2008

                                O R D E R

The petitioner faces indictment in a prosecution for

offences punishable, inter alia, under Sections 186 and 506(i)

I.P.C. The petitioner is a police official. Crime has been

registered suo moto by the C.J.M., Tellicherry. The matter is

pending before the Court of C.J.M., Tellicherry. It is prayed that

the case may be transferred to any court outside Tellicherry. The

petitioner would contend that the Advocates at Tellicherry have

taken a decision not to appear for the petitioner before the Court

at Tellicherry. In support of this assertion he has filed Annex.A1

letter received from his counsel at Kannur, who has expressed his

inability to appear before the Court at Tellicherry on behalf of the

petitioner in the wake of the protest by the members of the

Tellicherry bar. The petitioner, in these circumstances, prays that

in the interests of justice the case may be transferred to the court

of C.J.M., Kozhikode or any other court.

Tr.P.(Crl).No. 11 of 2008
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2. The respondents have entered appearance through counsel.

The learned counsel for the third respondent submits that though the

respondents do not want to raise any serious objections against the

proposed transfer, it is totally incorrect to say that the Bar at

Tellicherry has taken any such decision. The petitioner does not have a

case that he approached any named counsel specifically at Tellicherry.

Annex.A1 letter from the present counsel of the petitioner is

manipulated to justify the prayer for transfer.

3. I am satisfied in the nature of the allegations and counter

allegations raised that it will be in the interests of justice to transfer the

case to any other court situated outside Tellicherry. Such a direction, I

am satisfied, shall serve the ends of justice eminently.

4. This transfer petitions is accordingly allowed. C.C. 352 of

2005 pending before the C.J.M., Tellicherry is transferred to the Court

of J.F.M.C.-I, Kannur. The learned C.J.M. shall forthwith transmit the

records to the learned J.F.M.C.-I, Kannur. The parties shall appear

Tr.P.(Crl).No. 11 of 2008
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before the J.F.M.C.-I, Kannur on 15.9.2008 to continue the

proceedings without waiting for any notice from the transferee court.

(R. BASANT)
Judge
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