P C PREMACHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS petition is for transfer of three cases - C.C.Nos.13, 113 and 777 of 2007 from the court of learned Judicial First Class Magistrate, Payyannur to any other competent court in Kannur District. According to the petitioner/accused, he had moved applications in the said cases for joint trial but those applications were disposed of only after this Court issued a specific direction as per Annexure-A, order dated 22.02.2010. According to the learned counsel, there are circumstances warranting transfer of the cases to any other Magistrate's court in the District. It is pointed out by the learned counsel that all the three cases were posted on a day and since petitioner was not present, counsel applied for exemption in C.C.Nos.113 and 777 of 2007 but omitted to make a similar application in C.C.No.13 of 2007. Thereon bail granted in that case was cancelled and a non-bailable warrant was issued to the petitioner. THIS Court while disposing of Crl.M.C. 604 of 2010 by Annexure-A, order directed that it is open to the petitioner to file application to recall the non-bailable warrant issued to him. Since petitioner could not appear in C.C.Nos.113 and 777 of 2007 on account of non-bailable warrant pending against him in C.C.No.13 of 2007, bail bonds in C.C.Nos.113 and 777 of 2007 also were later cancelled. Now petitioner is under threat of arrest.

(2.) I have heard learned Public Prosecutor also.