NEHEMIA JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the Professor and Head of the Department of Botany in the Christian College, Kattakkada. He is now involved in a criminal case on the allegation that he committed the offence of outraging the modesty of a girl student by came Sarojam. The case is pending before the Judicial Magistrate of the Second Class, Kattakkada. The petitioner seeks transfer of the said case to any place outside Kattakkada.

(2.) According to the petitioner, Christian College, Kattakkada has a student strength of 3000 consisting of both boys and girls and a staff strength of more than 100 consisting of male and female teachers. The petitioner, his wife and his 12 year old daughter studying in the VIIth standard are stationed in the same place. The girl on whom the petitioner is alleged to have committed the offence is a student of the same College studying in the Pre Degree second year class. Kattakkada is described to be a small town. According to the petitioner, the incident alleged against him has been blown out of proportion and the atmosphere of the Kattakkada is surcharged with animosity and hostility against the petitioner; on every posting day students used to crowd in the court premises as the case has secured a sensation in the locality; wall posters have appeared and innumerable pamphlets have been circulated in the locality for publishing reports and the incident and its aftermaths; and newspapers flashed false reports about the incident. All these developments, according to the petitioner, have rendered it impractical for the Magistrate to have a detached and calm atmosphere. Therefore, he prays that for the ends of justice, the case may be transferred to some other court.

(3.) The learned Public Prosecutor submitted that he has no objection in transferring the case. The submission is noted. But the application is opposed by Joseph Nadar Thanayyan Nadar who is the father of Sarojam, the alleged victim of the alleged offence. He got himself impleaded in this Crl.M.C. According to him, irreparable loss and injuries would be caused to him and his daughter if the case is transferred from Kattakkada. As to how a transfer of the case will prejudice them has not been stated in the affidavit filed. But Sri. Sudheer, learned counsel for Thanayyan Nadar, strongly contended that the intention of the petitioner is to protract the trial further and that a transfer of the case to any place outside Kattakkada will ensue unnecessary hardships and expense for Sarojam and other witnesses.