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]
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]
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]
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]
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]
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
