Kerala High Court
Swathy B vs State Of Kerala on 24 October, 2025
Author: Kauser Edappagath
Bench: Kauser Edappagath
Tr.P.(Crl.) No. 95 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 24TH DAY OF OCTOBER 2025 / 2ND KARTHIKA, 1947
TR.P(CRL.) NO. 95 OF 2025
CRIME NO.433/2014 OF PATHANAMTHITTA POLICE STATION,
PATHANAMTHITTA
TO TRANSFER SC NO.650 OF 2023 OF ADDITIONAL DISTRICT AND
SESSIONS COURT-II, PATHANAMTHITTA TO ANY OTHER COURT
IN A NEARBY DISTRICT
PETITIONER/COMPLAINANT:
SWATHY B.
AGED 41 YEARS, D/O BALACHANDRAN NAIR,
AZHAKATHU HOUSE, VALLICODE P.O.,
PATHANAMTHITTA DISTRICT, PIN - 689648
BY ADVS.
SMT.NISHA GEORGE
SRI.GEORGE POONTHOTTAM (SR.)
SMT.SILPA SREEKUMAR
RESPONDENTS/STATE & ACCUSED:
1 STATE OF KERALA
REPRESENTED BY THE DIRECTOR GENERAL OF PUBLIC
PROSECUTIONS, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 THE DIRECTOR GENERAL OF POLICE
POLICE HEADQUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695010
3 THE SUPERINTENDENT OF POLICE
PATHANAMTHITTA,
OFFICE OF THE SUPERINTENDENT OF POLICE,
RING ROAD, THAZHEVETTIPURAM,
PATHANAMTHITTA, PIN - 689645
Tr.P.(Crl.) No. 95 of 2025
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4 PRASANTH V. KURUP
ADVOCATE, AMRUTHAM HOUSE,
MALLASSERY P.O., POONKAVU,
PATHANAMTHITTA, PIN - 689646
BY ADVS.
SRI.MANU RAMACHANDRAN
SRI.M.KIRANLAL
SRI.R.RAJESH (VARKALA)
SRI.T.S.SARATH
SHRI.SAMEER M NAIR
SMT.SAILAKSHMI MENON
SMT. AASHI K. SHAJAN
SHRI.RAVISANKAR C.R.
SRI.SANGEETHA RAJ.N.R-PP
THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY
HEARD ON 24.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Tr.P.(Crl.) No. 95 of 2025
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ORDER
This transfer petition has been filed to transfer
S.C.No.650 of 2023 pending on the files of the Additional
District and Sessions Court-II, Pathanamthitta to any other
court in a nearby district.
2. The petitioner is the defacto complainant and the
respondent No.4 is the accused in S.C.No.650 of 2023. The
petitioner was the wife of the respondent No.4. Admittedly,
they are not in good terms. The respondent No.4 is a
practicing lawyer at Pathanamthitta. According to the
petitioner, even after their divorce, the respondent No.4
continues to threaten and harass her and she genuinely
apprehends danger to her life and liberty if she appears
before the Sessions Court, Pathanamthitta to give evidence
against the respondent No.4. The transfer has been sought
mainly on the said ground.
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3. The respondent No.4 filed a detailed counter
affidavit strongly opposing the petition. The allegation that
the respondent No.4 is still threatening and harassing the
petitioner and her apprehension that her life would be in
danger if she appears before the court at Pathanamthitta,
have been strongly denied by the respondent No.4 in his
counter affidavit.
4. I have heard Sri.George Poonthottam, the learned
senior counsel, as instructed by Smt.Nisha George, the
learned counsel for the petitioner, Sri.Manu Ramachandran,
the learned counsel for the respondent No.4 and
Sri.Sangeetha Raj N.R., the learned Public Prosecutor.
5. It is not in dispute that the respondent No.4 is a
practicing lawyer at Pathanamthitta. It is also not in dispute
that the relationship between the petitioner and the
respondent No.4 is estranged. Annexure-8 produced by the
petitioner would show that the respondent No.4 has been
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included in the rowdy list. The learned counsel for the
respondent No.4 submitted that the respondent No.4 has
been wrongly included in the rowdy list under the influence of
the petitioner. At any rate, the fact remains that the
respondent No.4 is now included in the rowdy list and is a
practicing lawyer at the court at Pathanamthitta. Therefore,
the apprehension of the petitioner cannot be said to be
unfounded.
6. In these circumstances, I am of the view that the
transfer sought for is only to be granted. Hence, S.C.No.650
of 2023 pending on the files of the Additional District and
Sessions Court-II, Pathanamthitta is withdrawn and
transferred to the Additional Sessions Court (Abkari cases),
Kottarakkara for trial and disposal. Since, as per Annexure
R4(c) judgment, there is already a direction to the Additional
Sessions Court-II, Pathanamthitta to dispose of the case
within four months, there will be a direction to the Additional
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Sessions Court (Abkari cases), Kottarakkara to dispose of
S.C.No.650 of 2023 within a period of four months from the
date of receipt of a copy of this order.
The transfer petition is disposed of as above.
Sd/-
DR. KAUSER EDAPPAGATH,
JUDGE
APA
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APPENDIX OF TR.P(CRL.) 95/2025
PETITIONER ANNEXURES
ANNEXURE 1 TRUE COPY OF THE DETAILS OF THE 16 CASES
KNOWN TO THE PETITIONER WITH CRIME NUMBERS
AND THE NATURE OF THE CRIME REGISTERED
AGAINST THE 4TH RESPONDENT
ANNEXURE 2 TRUE COPY OF THE FIR NO. 433/2014 DATED
10.03.2014 OF PATHANAMTHITTA POLICE STATION
ANNEXURE 3 TRUE COPY OF THE STATEMENT OF THE
PETITIONER DATED 11.03.2014
ANNEXURE 4 TRUE COPY OF THE ADDITIONAL STATEMENT DATED
05.02.2021 SUBMITTED BY THE PETITIONER
BEFORE THE DEPUTY SUPERINTENDENT OF POLICE.
ANNEXURE 5 TRUE COPY OF THE LETTER DATED 06.02.2005
SUBMITTED BY THE 4TH RESPONDENT.
ANNEXURE 6 TRUE COPY OF THE LETTER DATED 29.08.2025
SUBMITTED BY THE PETITIONER
ANNEXURE 7 TRUE COPY OF THE FIR NO. 2046/2025 DATED
03.09.2025 OF PATHANAMTHITTA POLICE STATION
ANNEXURE 8 TRUE COPY OF THE JUDGMENT DATED 09.07.2025
IN W.P(C) NO. 25167/2025 PASSED BY THIS
HONOURABLE COURT.
RESPONDENT ANNEXURES
ANNEXURE R4(a) THE TRUE COPY OF THE FINAL REPORT IN CRIME
NO.433/2014 OF PATHANAMTHITTA POLICE
STATION, PATHANAMTHITTA DISTRICT WHICH IS
NOW PENDING AS S.C NO.650/2023 ON THE FILES
OF ADDITIONAL SESSIONS COURT-II,
PATHANAMTHITTA
ANNEXURE R4(b) THE TRUE COPY OF THE JUDGMENT DATED
24.07.2018 IN O.P(HMA) NO.112/2017 ON THE
FILES OF FAMILY COURT, PATHANAMTHITTA
GRANTED DIVORCE TO RESPONDENT NO.4/ACCUSED
FROM PETITIONER ON THE GROUND OF CRUELTY
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AND ADULTERY
ANNEXURE R4(c) THE TRUE COPY JUDGMENT DATED 11.08.2025 OF
THIS HON'BLE COURT IN O.P(CRL.) NO.391 OF
ANNEXURE R4(d) THE TRUE COPY OF THE REPLY GIVEN BY STATE
INFORMATION OFFICER, PATHANAMTHITTA POLICE
STATION, PATHANAMTHITTA TO RESPONDENT NO.4
DATED 30.06.2025
ANNEXURE R4(e) THE TRUE COPY OF THE INTERIM ORDER DATED
19.08.2025 IN CRL.MC NO.7433/2025 OF THIS
HON'BLE COURT
ANNEXURE R4(f) THE TRUE COPY OF THE ORDER DATED 01.09.2023
IN CRL.M.P NO.2525/2023 IN C.C NO.71/2021
OF CJM, PATHANAMTHITTA
ANNEXURE R4(g) THE TRUE COPY OF THE ORDER DATED 20.07.2018
IN M.C NO.139/2014 ON THE FILES OF FAMILY
COURT, PATHANAMTHITTA
ANNEXURE R4(h) THE TRUE COPY OF THE JUDGMENT DATED
16.07.2018 IN O.P(G AND W) NO.244/2014 ON
THE FILES OF FAMILY COURT, PATHANAMTHITTA
ANNEXURE R4(i) THE TRUE COPY OF THE JUDGMENT DATED
29.05.2017 IN C.C NO.402/2015 OF JFMC-I,
HARIPPAD
ANNEXURE R4(j) THE TRUE COPY OF JUDGMENT DATED 17.09.2014
IN O.P NO. 558 OF 2013 OF FAMILY COURT,
PATHANAMTHITTA
