Back
2023 Supreme(Online)(KER) 33124
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU TUESDAY, THE 28 TH DAY OF MARCH 2023 / 7TH CHAITHRA, 1945 TR.P(CRL.) NO. 11 OF 2019 AGAINST JST 33/2018 OF JUVANILE JUSTICE BOARD, THODUPUZHA PETITIONERS: 1 ELSAMMA, AGED 58 YEARS, W/O. JOY, CHALAMANA, PERUMPALLICHIRA P.O., KUMARAMANGALAM VILLAGE, THODUPUZHA, IDUKKI DISTRICT 2 JOY, AGED 58 YEARS, S/O.KOCHUVARKEY, CHALAMANA, PERUMPALLICHIRA P.O., KUMARAMANGALAM VILLAGE, THODUPUZHA, IDUKKI DISTRICT BY ADV SRI.NIREESH MATHEW RESPONDENTS: THE STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031 AJMAL KAREEM, S/O. KAREEM,VADAKKUM PADATH HOUSE, PERUMPALLICHIRA P.O., KUMARAMANGALAM , THODUPUZHA, IDUKKI-685 584 BY ADVS.
SRI.S.RAJEEV S
SRI.V.VINAY(K/355/2009)
SRI.M.S.ANEER(K/644/2013) SRI.SARATH K.P.(K/001467/2021) SRI.ANILKUMAR C.R.(K/001190/2020) SRI.PRERITH PHILIP JOSEPH(K/000736/2015)
THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 28.03.2023, ALONG WITH Tr.P(Crl.).12/2019 AND Tr.P.(Crl) No.21/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU TUESDAY, THE 28 TH DAY OF MARCH 2023 / 7TH CHAITHRA, 1945 TR.P(CRL.) NO. 12 OF 2019
AGAINST JST 61/2017 OF JUVANILE JUSTICE BOARD, THODUPUZHA PETITIONERS: 1 ELSAMMA, AGED 58 YEARS, W/O.JOY, CHALAMANA, PERUMPALLICHIRA P.O., KUMARAMANGALAM VILLAGE, THODUPUZHA, IDUKKI DISTRICT. 2
JOY, AGED 58 YEARS S/O.KOCHUVARKEY, CHALAMANA, PERUMPALLICHIRA P.O., KUMARAMANGALAM VILLAGE, THODUPUZHA, IDUKKI DISTRICT. 3
JOEL, AGED 20 YEARS, S/O.JOY, CHALAMANA, PERUMPALLICHIRA P.O., KUMARAMANGALAM VILLAGE, THODUPUZHA, IDUKKI DISTRICT.
BY ADVS.
SRI.NIREESH MATHEW SRI.HAARIS MOOSA RESPONDENTS: THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
AJMAL KAREEM, S/O.KAREEM, VADAKKUM PADATH HOUSE, PERUMPALLICHIRA, KUMARAMANGALAM, THODUPUZHA, IDUKKI PIN-685584 BY ADVS.
SRI.S.RAJEEV S
SRI.V.VINAY(K/355/2009)
SRI.M.S.ANEER(K/644/2013) SRI.SARATH K.P.(K/001467/2021) SRI.PRERITH PHILIP JOSEPH(K/000736/2015) SRI.ANILKUMAR C.R.(K/001190/2020)
THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 28.03.2023, ALONG WITH Tr.P(Crl.).11/2019 AND Tr.P.(Crl) No.21/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU TUESDAY, THE 28 TH DAY OF MARCH 2023 / 7TH CHAITHRA, 1945 TR.P(CRL.) NO. 21 OF 2020 AGAINST CC 1549/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I (FOREST OFFENCES), THODUPUZHA PETITIONERS: 1 ELSAMMA J CHALAMANA, AGED 59 YEARS, W/O. JOY, CHALAMANA HOUSE, PERUMPALLICHIRA P.O, KUMARAMANGALAM VILLAGE, THODUPUZHA, IDUKKI 2 JOY, AGED 60 YEARS, S/O. KOCHUVARKEY, CHALAMANA HOUSE, PERUMPALLICHIRA P.O, KUMARAMANGALAM VILLAGE, THODUPUZHA, IDUKKI 3 JOEL, AGED 20 YEARS, S/O. JOY, CHALAMANA HOUSE, PERUMPALLICHIRA P.O, KUMARAMANGALAM VILLAGE, THODUPUZHA, IDUKKI BY ADV SRI.NIREESH MATHEW RESPONDENTS: THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031 ANSU @ ASSI, S/O. MOHAMMED, VADAKKUMPADATH HOUSE, HOUSE NO. F5, WARD NO. 5, PERUMPALLICHIRA P.O, KUMARAMANGALAM VILLAGE, THODUPUZHA, IDUKKI 685 605 V.K. KAREEM, S/O. MUHAMMED, VADAKKUMPADATH HOUSE, HOUSE NO. F5, WARD NO. 5, PERUMPALLICHIRA P.O, KUMARAMANGALAM VILLAGE, THODUPUZHA, IDUKKI 685 605 BY ADVS.
SRI.T.J.MICHAEL SRI.K.A.BABY THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 28.03.2023, ALONG WITH Tr.P(Crl.).11/2019 AND 12/2019 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BABU, J. -------------------------------------------
Tr.P .(Crl)Nos. 11 & 12 of 2019 and 21 of 2020 ---------------------------------------------
Dated this the 28 th day of March, 2023
O R D E R
The petitioners in all these Transfer Petitions are the witnesses in three criminal cases, two cases pending before the Juvenile Justice Board, Idukki and one case pending before the Judicial First Class Magistrate Court, Thodupuzha.
2. The petitioners in Tr.P .(Crl) No. 11/19 are witnesses 1 and 4 in JST No.33/2018 on the file of the Juvenile Justice Board, Idukki. The petitioners in Tr.P .(Crl) No.12/19 are witness 1 to 3 in JST No.61/2017 on the file of the Juvenile Justice Board, Idukki. The petitioners in Tr.P.(Crl) No.21/2020 are witnesses 1 to 3 in
C.C.No.1549/2017 on the file of the Judicial First Class Magistrate Court, Thodupuzha. The petitioners sought transfer of these cases on the ground that they face threat on the part of the accused. When the matters were taken up for hearing, both sides suggested that the examination of the petitioners may be conducted through video conferencing.
3. Rule 8(23) of the Electronic Video Linkage Rules for Court (Kerala), 2021 provides that when a Required Person is unable to reach the Court Point or the Remote Point due to sickness or physical infirmity or due to any genuine reason which the Court may decide, or the presence of the Required Person cannot be secured without undue delay or expenses, the Court may authorise the conduct of the proceedings through Electronic Video Linkage from the place where the Required Person is situated.
4. It is submitted that the petitioners are residing at Ernakulam. Having considered the entire circumstances this Court feels that a direction can be given to the Courts below to examine the petitioners through video conferencing in terms of the rules referred to above. Therefore, the Courts below are directed to take steps to examine the witnesses in terms of Rule 8(23) of the Electronic Video Linkage Rules for Court (Kerala), 2021.
These Tr.P(Crl) are disposed of as above.
Sd/- K.BABU JUDGE
APPENDIX OF TR.P(CRL.) 11/2019 PETITIONER ANNEXURES ANNEXURE-I TRUE COPY OF HE CHARGE SHEET IN
J.S.T.33/18 ON THE FILE OF JUVENILE COURT, IDUKKI @ THODUPUZHA ANNEXURE-II TRUE COPY OF THE JUDGMENT IN WP(C) 21954/17 DATED 26.6.2018 APPENDIX OF TR.P(CRL.) 12/2019 PETITIONER ANNEXURES ANNEXURE I TRUE COPY OF THE CHARGE SHEET IN
J.S.T.61/17 ON THE FILE OF JUVENILE COURT, IDUKKI @ THODUPUZHA.
ANNEXURE II TRUE COPY OF THE JUDGMENT IN W.P.(C) 21954/17 DATED 26.6.2018. APPENDIX OF TR.P(CRL.) 21/2020 PETITIONER ANNEXURES ANNEXURE 1 TRUE COPY OF THE FINAL REPORT IN F.I.R NO. 1092/2017 DATED 16/6/2017 ANNEXURE II TRUE COPY OF THE JUDGMENT DATED 26-06- 2018 IN W.P(C) NO. 21954/2017 ANNEXURE III TRUE COPY OF THE SUMMONS TO THE 1ST PETITIONER DATED 6/11/2020 ANNEXURE IV TRUE COPY OF THE PETITION DATED 15-2- 2020 GIVEN TO THE DISTRICT POLICE CHIEF WITH COPY OF C.I OF POLICE AND THE S.I OF POLICE.
