P.K. ASOKAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This transfer petition is filed by the defacto complainant in Crime No.250/2023 seeking to transfer Crl.M.C.No.606/2023 on the files of the Principal Sessions Court, Kozhikode to any other court outside the District.

(2.) The learned counsel for the petitioner submitted that after this Court had set aside the order granting bail through Annexure-II and directed reconsideration after surrender of the accused, the learned Sessions Judge had, in gross disregard directed surrender of the accused on 10/4/2023 contrary to the directions of this Court to surrender forthwith. It is further pointed out that, despite this Court observing that the earlier order granting bail was perverse, the same perversity is being continued by ignoring the directions of this Court especially by extending the date of surrender to 10/4/2023. It was submitted that circumstances have rendered it not conducive for the same court to hear the matter and hence transfer of the case is essential.

(3.) The learned counsel for respondents 2 and 3 on the other hand contended that filing of a fresh bail application was done without noticing the true scope of the word 'reconsider' in the order cancelling the bail and for the said mistake, respondents ought not to be prejudiced. It is further submitted that circumstances of the case do not warrant the transfer of the case especially in the light of proviso to Sec. 407(2) Cr.P.C., apart from the judgment of this Court in Surendra Kumar v. Vijayan [2005 KHC 1497].