Kerala High Court
Susan Abraham vs State Of Kerala on 6 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
Tr.P (Crl.) Nos. 111 of 2017 & 112 of 2017 1
2024:KER:68248
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
TR.P(CRL.) NO. 111 OF 2017
IN CC NO.312 OF 2005 OF JUDICIAL MAGISTRATE OF FIRST
CLASS ,THIRUVALLA
PETITIONER/DEFACTO COMPLAINANT:
SUSAN ABRAHAM
AGED 47 YEARS, D/O P.I.ABRAHAM,PATHINETTIL
HOUSE,VADUTHODE.P.O,PURAMATTOM VILLAGE.
BY ADVS.
SRI.S.RAJEEV
SRI.K.K.DHEERENDRAKRISHNAN
SRI.D.FEROZE
SRI.V.VINAY
RESPONDENTS/STAE/ACCUSED:
1 STATE OF KERALA
REP.BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA,ERNAKULAM-682031.(CRIME NO.307/2004 OF
THIRUVALLA POLICE STATION,PATHANAMTHITTA
DISTRICT).
2 KOSHY CHERIAN
KEERIKATT VEETTIL,KATTOOKKARA
MURI,THIRUVALLA,PATHANAMTHITTA DISTRICT-689101.
BY ADVS.
SRI.R.ANIL
SRI.T.ANIL KUMAR
SRI.B.RAMAN PILLAI SR.
SRI.M.SUNILKUMAR
SRI.SUJESH MENON V.B.
SRI.THOMAS ABRAHAM NILACKAPPILLIL
SRI.E.VIJIN KARTHIK
OTHER PRESENT:
SRI. C.N. PRABHAKARAN (PP)
THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN
FINALLY HEARD ON 06.09.2024, ALONG WITH
Tr.P(Crl.).112/2017, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Tr.P (Crl.) Nos. 111 of 2017 & 112 of 2017 2
2024:KER:68248
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
TR.P(CRL.) NO. 112 OF 2017
IN CC NO.484 OF 2009 OF JUDICIAL MAGISTRATE OF
FIRST CLASS ,THIRUVALLA
PETITIONER/DEFACTO COMPLAINANT:
SUSAN ABRAHAM
AGED 47 YEARS, D/O P.I.ABRAHAM,PATHINETTIL
HOUSE, VADUTHODE PO,PURAMATTOM VILLAGE.
BY ADVS.
SRI.S.RAJEEV
SRI.K.K.DHEERENDRAKRISHNAN
SRI.D.FEROZE
SRI.V.VINAY
RESPONDENTS/STATE/ACCUSED NO.1 TO 3:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM.682031.
2 CHERIAN KOSHY
KEERIKATT VEETTIL, KATTOOKKARA MURI,THIRUVALLA,
PATHANAMTHITTA DISTRICT.689101.
3 KOSHY CHERIAN
KEERIKATT VEETTIL, KATTOOKKARA MURI,THIRUVALLA,
PATHANAMTHITTA DISTRICT.689101.
4 LUCY KOSHY
W/O KOSHY CHERIAN, KEERIKATT VEETTIL,KATTOOKKARA
MURI, THIRUVALLA,PATHANAMTHITTA DISTRICT.689101.
BY ADVS.
SRI.R.ANIL
SRI.T.ANIL KUMAR
SRI.B.RAMAN PILLAI SR.
SRI.SUJESH MENON V.B.
SRI.THOMAS ABRAHAM NILACKAPPILLIL
SRI.E.VIJIN KARTHIK
THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN
FIANLLY HEARD ON 06.09.2024, ALONG WITH
Tr.P(Crl.).111/2017, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Tr.P (Crl.) Nos. 111 of 2017 & 112 of 2017 3
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BECHU KURIAN THOMAS, J
----------------------------------------------------
Transfer Petition (Crl.) Nos. 111 of 2017 & 112 of 2017
----------------------------------------------------
Dated this the 06th day of September, 2024
ORDER
The petitioner has filed these two Transfer Petitions
seeking transfer of CC No.312 of 2005 and C.C NO.484 of 2009
both on the files of Judicial First Class Magistrate Court,
Thiruvalla to any other court having jurisdiction at Kozhikode.
2. Both cases were filed by the petitioner at
Thiruvalla, alleging offences punishable under Section 498A
against her former husband, father-in-law and mother-in-law.
She seeks transfer of the cases to Kozhikode.
3. These Transfer Petitions have been pending
consideration from 2017 onwards. It is informed across the
Bar that, the parties had attempted mediation without success.
Thus these petitions are taken up for consideration on merits.
4. I have heard Sri. S.Rajeev, the learned
counsel for the petitioner and Sri. B. Raman Pillai, the learned
Senior counsel for the respondent as instructed by Adv.Mahesh
Bahnu and also Sri.C.N.Prabhakaran the learned Public
Prosecutor.
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5. On a perusal of Annexure 1 produced in both
cases, it is revealed that, petitioner had on an earlier occasion
approached this Court in Tr.P(Crl.)No.19 of 2016 and
Tr.P(Crl.)No.20 of 2016 seeking the very same releifs. By
judgment dated 17.06.2016, in the aforesaid cases, this Court
had come to the following conclusion:-
"Having regard to the above contentions, I
feel that the grievance raised by the petitioner
herein can be addressed by the court below by not
insisting for personal presence of the petitioner on
all posting dates unless her presence is essential
for the purpose of recording the evidence. In the
private complaint she is being represented by a
counsel. It is now submitted that both the cases
are clubbed together. In the above circumstances,
the court shall not insist for her personal presence
till her presence is essential for recording evidence.
Having regard to the fact that the police charged
case is of the year 2005, the court below shall take
up the matter as expeditiously as possible and
dispose it of at the earliest, at any rate within six
months from the date of reciept of this order.
The petitions are disposed of as above."
6. Thus, the earlier attempt of the petitioner to
obtain transfer of the proceedings was negatived by this Court.
Though there was a direction to complete the trial within six
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months, the same has concededly not happened. However,
failure to complete the trial within the time limit specified by
this Court, by itself cannot be a reason to file a fresh transfer
petition, in the absence of any change of circumstances.
7. In this context, the learned counsel submitted
that petitioner fears threat to her life which had compelled her
to file these transfer petitions. However, on a perusal of the
pleadings, it is noticed that there are no such threats pleaded
by the petitioner. This Court also takes into consideration, the
circumstance that 2nd respondent is aged about 85 and the
mother-in-law is aged about 80. The father-in-law is even
stated to be suffering from cancer.
8. Notwithstanding the above, since this Court
had earlier itself declined to grant the transfer sought for by
the petitioner, a subsequent transfer petitions of these nature
are not maintainable.
Accordingly, these transfer petitions are dismissed.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Anu
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APPENDIX OF TRANSFER PETITION (CRL.) NO. 111 OF 2017
PETITIONER ANNEXURES
Annexure I True copy of the order dated
17.06.2016 in Tr.P.(Crl.) No.19/2016
passed by this Hon'ble Court
Annexure II True copy of the medical certificate
issued from Star Care Hospital,
Kozhikode
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APPENDIX OF TRANSFER PETITION (CRL.) NO. 112 OF 2017
PETITIONER ANNEXURES
Annexure I True copy of the order dated
17.06.2016 in Tr.P.(Crl.) No.20/2016
passed by this Hon'ble Court
Annexure II True copy of the medical certificate
issued from Star Care Hospital,
Kozhikode
RESPONDENT ANNEXURES
Annexure A True copy of the order IN CRL.M.C
NO.1008 OF 2017 OF THIS HON'BLE COURT
DATED 10.08.2017.
