Kerala High Court
Suresh Babu K vs State Of Kerala on 17 September, 2025
2025:KER:68584
Tr.P (Crl) .No.9/2024 & 88/2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
TH
WEDNESDAY, THE 17 DAY OF SEPTEMBER 2025 / 26TH BHADRA, 1947
TR.P(CRL.) NO. 88 OF 2023
SC NO.753 OF 2023 OF DISTRICT COURT & SESSIONS COURT, THALASSERY
PETITIONER/ACCUSED:
SURESH BABU K., AGED 40 YEARS
S/O. KUTTAKKAN, KARINJILAKAM HOUSE, VADUVANCHAL P.O.,
WAYANAD, PIN - 673581
BY ADVS.
SRI.MATHEW KURIAKOSE
SRI.T.G.SUNIL (PERUMBAVOOR)
SRI.J.KRISHNAKUMAR (ADOOR)
SHRI.C.N.PRAKASH
SHRI.SHAJI P.K.
SMT.PREETHU JAGATHY
SHRI.ARUN.S.
RESPONDENT/COMPLAINANT - STATE:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 XXXXXXXXXX, XXXXXXXXXX XXXXXXXXXX
(ADDL.R2 IS IMPLEADED AS PER ORDER DATED 09.11.2023
IN CRL.M.A NO.2/2023)
BY ADVS.
SMT.SHAMEENA SALAHUDHEEN
SMT.JELEETTA GREGORY
SMT.ASTRID STEREENA MATHEW
SHRI.B.RAVISANKAR
SRI SUDHEER.G, PUBLIC PROSECUTOR
THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 12.09.2025, ALONG WITH Tr.P(Crl.).9/2024, THE COURT
ON 17.09.2025 DELIVERED THE FOLLOWING:
2025:KER:68584
Tr.P (Crl) .No.9/2024 & 88/2023 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
WEDNESDAY, THE 17TH DAY OF SEPTEMBER 2025 / 26TH BHADRA, 1947
TR.P(CRL.) NO. 9 OF 2024
CRIME NO.570/2022 OF AMBALAVAYAL POLICE STATION, WAYANAD
SC NO.416 OF 2022 OF FAST TRACK SPECIAL COURT, SULTHANBATHERI
ARISING OUT OF THE JUDGMENT IN SC NO.753 OF 2023 OF
ADDITIONAL DISTRICT COURT (ADHOC), THALASSERY
PETITIONER/DEFACTO COMPLAINANT:
XXX
XXX
BY ADVS.
SMT.SHAMEENA SALAHUDHEEN
SMT.JELEETTA GREGORY
SMT.ASTRID STEREENA MATHEW
SHRI.B.RAVISANKAR
RESPONDENT/STATE & COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 SURESH BABU
AGED 40 YEARS
S/O.KUTTAKKAN KARINJILIKAM HOUSE VADUVANCHAL P.O.,
WAYANAD DISTRICT., PIN - 673581
SRI SUDHEER.G, PUBLIC PROSECUTOR
THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 12.09.2025, ALONG WITH Tr.P(Crl.)NO.88/2023, THE
COURT ON 17.09.2025 DELIVERED THE FOLLOWING:
2025:KER:68584
Tr.P (Crl) .No.9/2024 & 88/2023 3
ORDER
Tr.P.(Crl) No.88/2023 is filed by the accused in S.C No.753/2023
of the Sessions Division, Thalassery for the transfer of the aforesaid
case to Fast Track Special Court, Sulthanbathery for trying along with
S.C No.416/2022 on the files of Fast Track Special Court,
Sulthanbathery. Tr.P(Crl) No.9/2024 is filed by the victim in S.C
No.416/2022 on the files of Fast Track Special Court, Sulthanbathery
for the transfer of the said case to Additional Sessions Court-I,
Thalassery for trying along with S.C No.753/2023 of the latter court.
The victim and the accused in both these cases are one and the same.
The offences alleged in S.C No.416/2022 on the files of Fast Track
Special Court, Sulthanbathery are under Sections 449, 506(ii),
376(2)(f)(n) I.P.C and Sections 3(a) r/w 4, 6(1) r/w 5(1) and Section
12 r/w 11 of the POCSO Act and Section 66E of the Information
Technology Act. The offences alleged in S.C No.753/2023 of the
Sessions Division, Thalassery, are under Sections 376(2)(f), 376(2)(n),
323 and 354 I.P.C.
2. The prosecution case in the matter pending before
Sulthanbathery Court is that the accused, who was the Class Teacher
of the victim during the year 2017 while she was studying in 10th
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standard, committed penetrative sexual assault upon her on various
occasions, recorded the visuals of the said act in mobile phone and
made use of the same for continuing the sexual assault by threatening
the victim that the above visuals would be published. The prosecution
case in the matter pending before the Thalassery Court is that the
accused committed rape upon the victim on 22.01.2022 and on various
occasions at a building in the place called Kolayad in Kannur District by
threatening her that the visuals of the sexual intercourse with her
which he recorded at the time when the victim was studying in 10th
standard would be published. It is further alleged that the accused
resorted to physical assault upon the victim when she refused to
surrender to him.
3. In Tr.P(Crl) No.88/2023, the accused would contend that
almost all the witnesses, in addition to the victim and the accused, are
natives of Wayanad District, and hence it is convenient for all to have
both these cases tried by the Court at Sulthanbathery. In Tr.P(Crl)
No.9/2024, the victim would contend that the trial of both these cases
are to be conducted before the Court at Thalassery since she is
working at Thalassery. According to the victim, it would be difficult for
her to appear before the Court at Sulthanbathery due to various
2025:KER:68584
reasons, in addition to the inconvenience related to her employment.
It is further stated that the accused, being an influential person with
permanent residence at Wayanad, is likely to pose a threat to the
victim in giving evidence without fear if she has to come over to
Wayanad to give evidence.
5. Heard the learned counsel for the petitioner, the learned
counsel for the victim and the learned Public Prosecutor representing
the State of Kerala.
6. The offences involved in both these cases are sexual
violence against a girl. In S.C.No.416/2022, in addition to rape, the
offence of aggravated penetrative sexual assault under the provisions
of POCSO Act is incorporated. The aforesaid crime is said to have
happened at Wayanad, during the year 2017, while the victim girl was
studying in 10th standard. The accused is none other than the
classteacher of the victim. The very same accused is alleged to have
committed rape upon the victim during the year 2022, while she was
aged 21 years, at a place in Kannur District. In the trial of offences of
this nature, it is highly necessary to give paramount consideration for
providing a conducive atmosphere for the victim to give evidence
fearlessly and without delicacies and inhibitions. So also, the
2025:KER:68584
convenience of the victim shall outweigh all other considerations. As
far as the present cases are concerned, the victim would contend that
she is apprehensive of threat for fearlessly giving evidence before the
Court at Sultan Bathery, since the accused is said to be a person
wielding much influence and clout there. It is further stated by the
victim that travelling to Sulthan Bathery for giving evidence in these
cases would adversely affect her employment at Thalassery. Having
regard to the above reasons stated by the victim of the offence in
these cases, it is not possible to ignore her request to have both these
cases tried at the Court in Thalassery. It is pertinent to note that, apart
from the inconvenience in travelling to Thalassery from Wayanad, the
accused or the witnesses are having no substantial reason to oppose
the conduct of trial at the Court in Thalassery. Therefore, I am of the
view that the request of the victim to have the trial in these cases
conducted at Thalassery, has to be given priority over the request of
the accused for the conduct of the trial at Sulthan Bathery.
7. Upon enquiry, it is known that the Fast Track Special Court,
Thalassery, has been specifically designated to deal with the trial of
the cases relating to sexual violence upon women and children.
2025:KER:68584
Therefore, it is necessary to pass the required orders for the trial of
the present cases by the Fast Track Special Court, Thalassery.
In the result, these petitions are disposed of as follows:
(i) S.C.No.416/2022 on the files of the Fast Track Special Court,
Sulthan Bathery, and S.C.No.753/2023 of the Sessions
Division, Thalassery, shall be tried by the Fast Track Special
Court, Thalassery.
(ii) For facilitating the above purpose, S.C.No.416/2022 on the
files of the Fast Track Special Court, Sulthan Bathery, is
ordered to be transferred to the Fast Track Special Court,
Thalassery.
(iii) If S.C.No.753/2023 of the Sessions Division, Thalassery, is
pending before any other Additional Sessions Court of
Thalassery, the learned Sessions Judge, Thalassery, shall
pass appropriate orders to transfer the same to the Fast
Track Special Court, Thalassery.
(sd/-)
G. GIRISH, JUDGE
jsr/DST
