IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH WEDNESDAY, THE 19^TH DAY OF FEBRUARY 2025 / 30TH MAGHA, 1946 TR.P(CRL.) NO. 14 OF 2022 AGAINST S. T. NO.416 OF 2013 ON THE FILES OF THE CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA PETITIONERS:

1 THOMAS DANIEL AGED 65 YEARS INCHIKATTIL HOUSE, P.O. VAKAYAR, KONNI, PATHANAMTHITTA, PIN - 686698

2 PRABHA THOMAS AGED 62 YEARS INCHIKATTIL HOUSE, P.O. VAKAYAR, KONNI, PATHANAMTHITTA, PIN - 686698 BY ADVS. C.S.MANU MANJU E.R.

C.A.ANUPAMAN ANANDHU SATHEESH PAUL JOSE T.B.SIVAPRASAD DILU JOSEPH ALINT JOSEPH C.Y.VIJAY KUMAR RESPONDENTS:

1 K.A.JAYAKUMAR THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, PATHANAMTHITTA.

RESIDING AT VIDYA BHAVAN, PONKUNNAM. P .0, KOTTAYAM DISTRICT, PIN - 686506

2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY ADV.

SRU, M.P. PRASANTH, PUBLIC PROSECUTOR THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 19.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

The petitioners are the accused Nos.2 and 3 in S. T.

No.416/2013 on the files of the Chief Judicial Magistrate Court, Pathanamthitta. This Transfer Petition has been filed to transfer S. T. No.416/2013 to the Chief Judicial Magistrate Court, Ernakulam or other competent court at Ernakulam.

2. I have heard Sri. C. S. Manu, the learned counsel for the petitioners and Sri. M. P. Prasanth, the learned Public Prosecutor.

3. The transfer has been sought mainly on the ground that as per Annexure A3 bail order passed in favour of the 1^st petitioner, the 1^st petitioner was directed not to leave the jurisdiction of the court without the permission of the court. The jurisdiction of the court covered by Annexure A3 bail order is Ernakulam District. The learned counsel for the petitioners further stated that the petitioners face safety issues, if they travel to Pathanamthitta. None of these grounds are sufÏcient to seek transfer. Appearing before the Chief Judicial Magistrate Court, Pathanamthitta in connection with S. T. No.416/2013 will never be a violation of the condition imposed in Annexure A3. If the petitioners face any safety issues as alleged, they can seek appropriate remedy available under law. Hence, this Transfer Petition is dismissed. However, if the petitioners file an application seeking personal exemption, the same shall be considered by the learned Magistrate in accordance with law.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE BR APPENDIX OF TR.P(CRL.) 14/2022 PETITIONERS’ ANNEXURES Annexure A1 THE TRUE COPY OF THE SAID COMPLAINT IN S.T NO. 416 OF 2013 ON THE FILE OD CHIEF JUDICIAL MAGISTRATE COURT PATHANAMTHITTA Annexure A2 TRUE COPY OF ORDER DATED 18-12-2020 IN B.A NO. 8418 OF 2020 AND CONNECTED CASES (EXCLUDING THE CAUSE TITTLE OF CONNECTED CASES) PASSED BY HON’BLE COURT OF KERALA Annexure A3 TRUE COPY OF ORDER DATED 10-03-2021 IN CRLMC 398 OF 2021 PASSED BY ADDITIONAL DISTRICT AND SESSIONS JUDGE- VII ERNAKULAM Annexure A4 TRUE COPY OF ORDER DATED 10-03-2021 IN CRLMC 296 OF 2021 PASSED BY ADDITIONAL DISTRICT AND SESSIONS JUDGE- VII ERNAKULAM RESPONDENTS’ ANNEXURES: NIL