STATE OF KERALA Vs. RENY GEORGE

JUDGEMENT

(1.) This is an application to transfer a Sessions Case, popularly known as 'Karikkanvilla Murder Case', from the Additional Sessions Court, Mavelikkara to the Sessions Court, Alleppey. The case was committed to the Sessions Court, Alleppey but the same was made over to the Additional Sessions Judge, Mavelikkara by the Sessions Judge, Alleppey. The application has been made under S.407(1)(c) and 482 of the Code of Criminal Procedure by the State represented by the Superintendent of Police, Alleppey. The stand taken in the application is that for the general convenience of the parties, witnesses and others who have to attend the trial the case should be transferred to the Sessions Court, Alleppey. One of the reasons alleged is that there is not enough accommodation facilities at Mavelikkara and this will result in great inconvenience especially to the witnesses from outside the State numbering 59.

(2.) Respondents 1, 3 and 4 have filed counter affidavits. These accused have opposed the transfer on various grounds.

(3.) The learned Additional Advocate General appearing for the State contended that this Court can order a transfer of the case to the Sessions Court. Alleppey or to any other Sessions Court if the general convenience of the parties and witnesses requires such a transfer. The learned Additional Advocate General pointed out that in view of the fact that a large number of witnesses are from Madras and other places outside the State, accommodation will be a problem if the trial is to be conducted at Mavelikkara. According to the Additional Advocate General, it the trial is conducted at Alleppey, which is a district headquarters, accommodation will not be a problem and hence a transfer of the case to the Sessions Court, Alleppey will tend to the general convenience of the parties and witnesses. The learned counsel for the accused contended that now at Mavelikkara there is enough hotel accommodation and hence there is no justification to transfer the case for want of accommodation. It was also pointed out that the alleged offence was committed within the jurisdiction of the Additional Sessions Court, Mavelikkara and a good number of witnesses are from places nearer to Mavelikkara. The learned counsel also contended that without first moving an application for transfer before the Sessions Court, Alleppey, this application will not lie before this Court in view of the proviso to sub-s.(2) of S.407 of the Code. A contention that the Sessions Judge has power under S.409(2) and hence this application will not lie was also taken.