Kerala High Court
Suresh Nayak vs Atheequ Rahman. C on 3 July, 2025
Author: P.V. Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:48536
Tr.P(Crl.) Nos.51, 52 & 62 OF 2025]
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 3RD DAY OF JULY 2025 / 12TH ASHADHA, 1947
TR.P(CRL.) NO. 51 OF 2025
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.8 OF 2023
OF JUDICIAL MAGISTRTE OF 1ST CLASS,ANDROTH
PETITIONER/ACCUSED:
SURESH NAYAK
AGED 59 YEARS
DURGA COMPOUND, BOLUR MAIN ROAD, MANGALORE,
MANGALURU, KARNATAKA, PIN - 575003
BY ADVS.
SHRI.AASHIQUE AKTHAR HAJJIGOTHI
SMT.AMINA AKTHAR
RESPONDENT/COMPLAINANT:
ATHEEQU RAHMAN. C
AGED 50 YEARS
S/O. PPS. ABOOSALIH THANGAL, CHOODATH HOUSE,
ANDROTT P.O, LAKSHADWEEP, PIN - 682551
THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 03.07.2025, ALONG WITH Tr.P(Crl.).52/2025,
62/2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:48536
Tr.P(Crl.) Nos.51, 52 & 62 OF 2025]
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 3RD DAY OF JULY 2025 / 12TH ASHADHA, 1947
TR.P(CRL.) NO. 52 OF 2025
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.7 OF 2023
OF JUDICIAL MAGISTRTE OF 1ST CLASS,ANDROTH
PETITIONER/ACCUSED:
SURESH NAYAK
AGED 59 YEARS
DURGA COMPOUND, BOLUR MAIN ROAD, MANGALORE,
MANGALURU, KARNATAKA, PIN - 575003
BY ADVS.
SHRI.AASHIQUE AKTHAR HAJJIGOTHI
SMT.AMINA AKTHAR
RESPONDENT/COMPLAINANT:
ATHEEQU RAHMAN. C
AGED 50 YEARS
S/O. PPS. ABOOSALIH THANGAL, CHOODATH HOUSE,
ANDROTT P.O, LAKSHADWEEP, PIN - 682551
THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 03.07.2025, ALONG WITH Tr.P(Crl.).51/2025 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:48536
Tr.P(Crl.) Nos.51, 52 & 62 OF 2025]
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 3RD DAY OF JULY 2025 / 12TH ASHADHA, 1947
TR.P(CRL.) NO. 62 OF 2025
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.9 OF 2023 OF
JUDICIAL MAGISTRTE OF 1ST CLASS,ANDROTH
PETITIONER/ACCUSED:
SURESH NAYAK
AGED 59 YEARS
DURGA COMPOUND, BOLUR MAIN ROAD, MANGALORE,
MANGALURU, KARNATAKA, PIN - 575003
BY ADVS. SHRI.AASHIQUE AKTHAR HAJJIGOTHI
SMT.AMINA AKTHAR
RESPONDENT/COMPLAINANT & STATE:
1 ATHEEQU RAHMAN. C
AGED 50 YEARS
S/O. PPS. ABOOSALIH THANGAL, CHOODATH HOUSE,
ANDROTT P.O, LAKSHADWEEP, PIN - 682551
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
SR PP SMT SEETHA S
THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 03.07.2025, ALONG WITH Tr.P(Crl.).51/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:48536
Tr.P(Crl.) Nos.51, 52 & 62 OF 2025]
4
P.V. KUNHIKRISHNAN, J.
--------------------------------
Tr.P.(Crl.).Nos.51, 52 & 62 of 2025
----------------------------------------------
Dated this the 03rd day of July, 2025
ORDER
These transfer petitions are filed to transfer C.C. Nos.7/2023, 8/2023 and 9/2023 pending before the Judicial First Class Magistrate Court, Androth. This is a prosecution initiated against the petitioner in three cases at the instance of one Atheequ Rahman C, who is a respondent in these cases, under Section 138 of the Negotiable Instruments Act. The main point raised by the petitioner for transferring these cases to the main land is that the petitioner has to get entry permit for going to Androth Island. The second point is that the court may insist local sureties.
2. I am of the considered opinion that these are not grounds to transfer a case from one court to another court. As 2025:KER:48536 Tr.P(Crl.) Nos.51, 52 & 62 OF 2025] 5 far as the first point is concerned, if the petitioner is appearing before a Magistrate Court based on a summons from the court of law, the authorities of the Union Territory of Lakshadweep will see that the necessary permit is given to him in accordance with law. The counsel for the petitioner submitted that for entry to Androth Island, a sponsor from the Island is necessary and the petitioner is a person from Karnataka. The authorities concerned should see that when a summons is received by a person from the a court of law, that is an invitation to the Island. No sponsorship need to be insisted. That is not a reason to transfer a criminal case to the main land.
3. The second point is that local sureties will be insisted by the learned Magistrate. I make it clear that, if the petitioner produces sureties with valid documents, the court concerned will consider the same without insisting local sureties, if the petitioner surrenders and files bail application.
4. The counsel submitted that the petitioner is a resident of Karnataka and it will be difficult for him to appear before the Magistrate regularly. The petitioner is free to file an 2025:KER:48536 Tr.P(Crl.) Nos.51, 52 & 62 OF 2025] 6 application for exemption before the jurisdictional court after his appearance. If such an application is filed, the Magistrate will allow the same without insisting his presence unless his presence is inevitable.
With the above observation, these transfer petitions are disposed of.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
2025:KER:48536
Tr.P(Crl.) Nos.51, 52 & 62 OF 2025]
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APPENDIX OF TR.P(CRL.) 52/2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE COMPLAINT IN
C.C.NO.7/2023 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ANDROTH, LAKSHADWEEP 2025:KER:48536 Tr.P(Crl.) Nos.51, 52 & 62 OF 2025] 8 APPENDIX OF TR.P(CRL.) 62/2025 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE COMPLAINT IN C.C.NO.9/2023 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ANDROTH, LAKSHADWEEP 2025:KER:48536 Tr.P(Crl.) Nos.51, 52 & 62 OF 2025] 9 APPENDIX OF TR.P(CRL.) 51/2025 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE COMPLAINT IN C.C.NO.8/2023 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ANDROTH, LAKSHADWEEP