Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE MARY JOSEPH FRIDAY, THE 28TH DAY OF JUNE 2019 / 7TH ASHADHA, 1941 Tr.P(Crl.).No.30 of 2019 ST No.145/2018 of SPECIAL JUDICIAL MAGISTRATE OF FIRST CLASS COURT, KOZHIKODE
PETITIONER: SABUKUMAR AGED 48 YEARS S/O RAGHUNATHAN NAIR RESIDING AT THAYIL VEEDU THOTTUVATHALA MURI, KAINAKARI VILLAGE ALAPUZHA BY ADV. SMT.S.SUJINI RESPONDENT: ABDUL AZEEZ AGED 60 YEARS RESIDING AT MALIYACKAL HOUSE, NALLAM P.O,AREEKKAL,KOZHIKODE 673001. THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 28.06.2019, ALONG WITH Tr.P(Crl.).22/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P(Crl.30/2019 & Tr.P(Crl)22/2019 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE MARY JOSEPH FRIDAY, THE 28TH DAY OF JUNE 2019 / 7TH ASHADHA, 1941 Tr.P(Crl.).No.22 of 2019 S.R NO.365/2018 of JUDICIAL MAGISTRATE OF FIRST CLASS -I, KANNUR PETITIONER SABU KUMAR AGED 48 YEARS S/O/ RAGHUNATHAN NAIR, RESIDING AT THAYIL VEEDU, THORRUVATHALA MURI, KAINAKARI VILLAGE, ALAPPAUZHA BY ADV. SMT.S.SUJINI RESPONDENT ABDUL BASITH.L.K AGED AROUND 50 YEARS, S/O. FATHER'S NAME NOT KNOWN , UMMAITH MANZIL, KANACHERI P.O, EACHUR, KANNUR - 670 591 OTHER PRESENT: SR.PP.C.N.PRABHAKARAN THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 28.06.2019, ALONG WITH Tr.P(Crl.).30/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P(Crl.30/2019 & Tr.P(Crl)22/2019 3
ORDER
[ Tr.P(Crl.)30/2019,Tr.P(Crl.)22/2019 ]
Petitioner in the petitions on hand is the accused in prosecutions launched by the sole respondent as S.T No.365/2018 and S.T No.145/2018 before the Judicial First Class Magistrate Court, Kannur and Spl.Judicial First Class Magistrate Court, Kozhikode. The above prosecutions are sought to be transferred to Judicial First Class Magistrate Court, Ramankary, Alappuzha. The petitioner entered appearance in the respective prosecutions through counsel engaged by him.
2. According to Smt. Sujini.S, the learned counsel,
petitioner was diagnosed to have primary liver cirrhosis, pancreatitis and portal hypertension and due to those ailments was disabled to travel to prosecute the cases pending on the files of the Judicial First Class Magistrate Court and the Spl.Judicial First Class Magistrate Court, respectively at Kannur and Kozhikode. Accordingly, the prosecutions pending in those courts are sought to be transferred to Judicial First Class Magistrate Court, Ramankary,
Tr.P(Crl.30/2019 & Tr.P(Crl)22/2019 4 Alappuzha, to meet the ends of justice.
3. Petitioner has produced copies of the Laboratory
Diagnosis of the petitioner issued from Government Medical College, Vandanam, Ultra Sound Scan Report of abdomen of the petitioner and treatment certificate issued by Dr.Archa Latha.T.C., Specialist Medical Officer, National Ayush Mission, Government Ayurveda Panchakarma Hospital, Alappuzha respectively as Annexures A2 to A4. On the basis of the documents, petitioner attempted to establish that being in a poor health condition he could not attend the courts at Kannur and Kozhikode and therefore, processes to procure his presence compulsorily were issued from those courts against him.
4. For the reasons, the petitioner seeks to transfer the
prosecutions to Judicial First Class Magistrate Court at Ramankary, situated 2 kms away from his house so as to facilitate his appearance and co-operate with the prosecution.
5. Annexure A2 as already stated is only a laboratory
requisition form issued from Government T.D.Medical College Hospital, Vandanam, Alappuzha. Annexure A3 is the report of Ultra Sound of Abdomen wherein petitioner is diagnosed to have hepatic Tr.P(Crl.30/2019 & Tr.P(Crl)22/2019 5
echotexture and Grade I prostatomegaly. Annexure A3 is a treatment certificate issued by one Dr.Archa Latha T.C, M.D(Ay), Specialist Medical Officer, National Ayush Mission, Government Ayurveda Panchakarma Hospital, Alappuzha wherein it was certified that the petitioner was under her treatment for primary liver cirrhosis and in view of his critical condition he must be under complete bed rest. Though notice was issued against the respondent in both cases and found served on them, they did not turn up. Therefore, the transfer petitions were taken up for hearing this day.
6. Annexure-A4 is a certificate, issued by the Specialist
Medical Officer of National Ayush Mission, Govt. Ayurveda Panchakarma Hospital, Alappuzha, certifying that, the petitioner is under her treatment for primary liver cirrhosis, associated with pancreatitis and portal hypertension. It is certified by the doctor, that the petitioner is under complete bed rest due to his critical condition.
7. Apart from Annexure-A4, the petitioner has not produced
any materials pertaining to the treatment certified by the Doctor as undergoing. Moreover, the diagnosis as per Annexure-A3, was Grade I prostatomegaly and early fatty changes. There is nothing on record to establish the nature of treatment undergone by the petitioner and that the petitioner was bed ridden. Tr.P(Crl.30/2019 & Tr.P(Crl)22/2019 6
8. This Court is not convinced from Annexures A2 to A4 that
the petitioner is unable to travel up to Kannur and Kozhikode to attend the respective prosecutions pending therein. Moreover, the petitioner's presence on all posting dates is not at all required for the prosecutions to be proceeded with. Petitioner could very well seek for exemption from appearance on posting dates, except those on which the pursuit of the prosecution is difficult without his presence being available there.
With the observations, the transfer petitions stand dismissed. Sd/- MARY JOSEPH JUDGE JJ Tr.P(Crl.30/2019 & Tr.P(Crl)22/2019 7 APPENDIX OF Tr.P(Crl.) 22/2019 PETITIONER'S/S EXHIBITS: ANNEXURE A1 TRUE COPY OF THE SUMMONS RECEIVED BY THE PETITIONER ANNEXURE A2 TRUE COPY OF LABORATORY DIAGNOSIS OF THE PETITIONER ISSUED BY GOVT. MEDICAL COLLEGE VANDANAM, ALAPPUZHA ANNEXURE A3 TRUE COPY OF THE ULTRASOUND SCAN REPORT OF ABDOMEN OF THE PETITIONER DATED 01/01/2019 ANNEXURE A4 TRUE COPY OF THE TREATMENT CERTIFICATE
ISSUED BY DR. ARCHALATHA, SPECIALIST MEDICAL OFFICER, NATIONAL AYUSH MISSION, GOVT. AYURVEDA PANCHAKARMA HOSPITAL, ALAPPUZHA
RESPONDENT'S/S EXHIBITS: NILL Tr.P(Crl.30/2019 & Tr.P(Crl)22/2019 8 APPENDIX OF Tr.P(Crl.) 30/2019 PETITIONER'S/S EXHIBITS: ANNEXURE A1 TRUE COPY OF THE SUMMONS RECEIVED BY THE PETITIONER ANNEXURE A2 TRUE COPY OF LABORATORY DIAGNOSIS OF THE PETITIONER ISSUED BY GOVT. MEDICAL COLLEGE VANDANAM, ALAPPUZHA ANNEXURE A3 TRUE COPY OF THE ULTRASOUND SCAN REPORT OF ABDOMEN OF THE PETITIONER DATED 01/01/2019 ANNEXURE A4 TRUE COPY OF THE TREATMENT CERTIFICATE
ISSUED BY DR. ARCHALATHA, SPECIALIST MEDICAL OFFICER, NATIONAL AYUSH MISSION, GOVT. AYURVEDA PANCHAKARMA HOSPITAL, ALAPPUZHA RESPONDENT'S/S EXHIBITS: NILL //TRUE COPY//