High Court Kerala High Court

Kunjamma Varghese vs State Of Kerala on 8 March, 2007

Kerala High Court
Kunjamma Varghese vs State Of Kerala on 8 March, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Tr P(Crl) No. 37 of 2007()


1. KUNJAMMA VARGHESE, AGED 72,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. BRIGHTY, D/O. LATE VARGHESE,

3. SAMSUN, S/O. SAM MATHEW, AGED 24,

4. KUNJUMON, S/O. NANU, AGED 54,

                For Petitioner  :SRI.S.SANTOSH KUMAR (PERUNAD)

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :08/03/2007

 O R D E R


                              R. BASANT, J.

              -------------------------------------------------

                      Tr.P.(Cri) NO. 37 OF  2007

              -------------------------------------------------

             Dated this the 8th day of March, 2007


                                   ORDER

The petitioner is the 2nd accused in a prosecution, inter

alia, under Secs.120B and 364 of the IPC. Her deceased son

is the 1st accused. The alleged incident took place as early as

in 2002. S.C.No.439/04 is pending before the Assistant

Sessions Court-II, Palakkad. The court has not framed

charges yet, it is submitted. The petitioner, in these

circumstances, has come to this Court with a prayer that the

case may be transferred from the court at Palakkad to any

competent court at Thiruvalla or Pathanamthitta.

2. What is the reason? The only reason urged is that

the petitioner is old and sick and that, in these circumstances,

to cater to the needs of justice, there may be a direction for

transfer of the case. Such transfer is not likely to

inconvenience the 65 witnesses cited by the prosecution or

the co-accused. In these circumstances, it is prayed that the

transfer may be directed as prayed for.

3. I am not satisfied that sufficient grounds exist to

Tr.P.(Cri) NO. 37 OF 2007 -: 2 :-

justify the prayer for transfer. Venue of the trial cannot be

decided merely on the basis of the convenience of one of the

accused persons. The jurisdiction legitimately is that of the

court at Palakkad. Even the averments in the transfer petition

show that a number of witnesses to be examined are from

Palakkad, of course, some of them are coming from different

places also. But this, according to me, is not a sufficient ground

by themselves to direct transfer as prayed for.

4. The learned counsel for the petitioner submits that the

petitioner is old and sick. She is not able to move about. She

does not dispute her identity. None of the witnesses is there to

implicate her directly and she is arrayed only as one of the

conspirators . In these circumstances, I do not find any reason

for the court to insist on the personal appearance of the

petitioner on all dates of trial. The petitioner can certainly

apply to be exempted from personal appearance making it clear

that she does not intend to dispute her identity in the trial. The

learned Assistant Sessions Judge must pass appropriate orders

on such application. Unnecessary insistence on personal

Tr.P.(Cri) NO. 37 OF 2007 -: 3 :-

appearance of the petitioner, needless to say, should not be

made by the court.

5. With the above observations, this transfer petition is

dismissed.

Sd/-

(R. BASANT, JUDGE)

HO

Nan/

//true copy//

P.S. to Judge