P. SUBRAMANYAM Vs. POOLOGA PANDIAN

JUDGEMENT

(1.) ONE of the prosecution witnesses in C.C. Nos. 429/89 and 430/89 on the file of Judicial Magistrate No. II, Kovilpatti, has filed the respective petitions under S.407(1)(a) and (e) of Code of Criminal Procedure praying for transfer of the above cases from the file of Judicial Magistrate No. II, Kovilpatti, to any one of the Judicial Magistrate's Courts at Madurai.

(2.) SHORT facts are: In C.C. No. 429/89, police have filed charge -sheet against the respondents in Crl.M.P. No. 2807/91 for offences punishable under Ss.147, 149, 341, 332, 427 and 506(II), I.P.C. In C.C. No. 439/89, the police have filed charge sheet against the respondents in Crl.M.P. No. 2808/91 for offence under S. 39 of the Indian Electricity Act. For transfer of these cases, these two petitions were filed.

(3.) PER contra, Mr. V. Gopinath, learned counsel appearing for the respondents, would submit that the witnesses can come to court on a single day on which they have to tender evidence, whereas these accused will have to go for every hearing and there are 20 witnesses and the trial would go on for about three to six months and it would be very difficult for these respondents to travel all the way from Kovilpatti to Madurai and it would incur a lot of expenses to them. Learned counsel would further submit that the witnesses would be paid by the prosecution for going over to Kovilpatti and give evidence, whereas the accused will have to go all the way from Kovilpatti to Madurai at their own expenses and they will be very much prejudiced, if the transfer was ordered. He would further submit that if the petitioners apprehend any danger, appropriate directions may be given to the police to ensure their safety and that no transfer of the cases is called for on the facts and circumstances of the case.