Jeevan Sabu V.S. vs The State of Kerala

Thomas P. Joseph, J.—Petitioner is involved in various cases registered by the Shornur, Thrissur Town East, Ernakulam central and Kollam Railway Police. Petitioner wants all the cases to be brought to and disposed of by the Court of learned Chief Judicial Magistrate, Ernakulam on the ground of convenience of Petitioner as he is unable to attend the various Courts on account of financial difficulties and other problems. It is stated that Petitioner is a student, is falsely implicated in the said cases and is desirous of leading a peaceful life. Learned Counsel made a fervent plea for transfer of the cases to the Court of learned Chief Judicial Magistrate, Ernakulam. Alternatively, it is prayed that coercive steps pending against Petitioner may be kept in abeyance so that Petitioner can appear in those cases and seek regular bail. I have heard learned Public Prosecutor also.

It is seen that cases are pending in various Courts in various districts. Admittedly, cases relate to separate incidents and separate offences are also involved in the cases. May be, it is inconvenient to the Petitioner to attend all the Courts in various districts but, if a transfer is ordered though it may suit the convenience of Petitioner, it will cause inconvenience to all the witnesses in all other cases who are residing in various parts of different districts. All of them will have to come to Ernakulam. Considering the comparative hardship, I am not inclined to think that transfer requested for could be allowed.

On considering the next request for keeping coercive steps in abeyance, learned Counsel has invited my attention to the list of cases given in the schedule to paragraph 8 in the transfer petition. Of the said cases, learned Public Prosecutor submits that C.C. No. 26 of 2008 of the Court of learned Judicial First Class Magistrate, Thrissur has ended in acquittal. In C.C. Nos. 26 and 749 of 2008 pending before learned Judicial First Class Magistrate, Ottappalam though non bailable warrant was issued to the Petitioner, the same has been returned and no fresh warrant has been issued. In C.C. Nos. 1545 of 2007 and 22 of 2008 of the Court of learned Judicial First Class Magistrate, Thrissur warrants issued to the Petitioner have been returned and no fresh warrant was issued, it is submitted by the learned Public Prosecutor. In Crime No. 2049 of 2010 of Ernakulam Central Police Station which is pending trial before learned Chief Judicial Magistrate, Ernakulam summons is ordered to 28.06.2011. In C.C. No. 198 of 2009 of the Court of learned Chief Judicial Magistrate, Kollam non bailable warrant is pending against Petitioner. Learned Counsel submits that Petitioner is prepared to appear in all the Courts concerned and seek regular bail and that he bonafide desires to lead a peaceful life and a disposal of all the pending cases.

Having regard to the circumstances stated and also taking into account the fact that Petitioner is a student (as the learned Counsel submits) I am inclined to grant some relief to the Petitioner in the matter of execution of the warrants.

Resultantly this petition is disposed of in the following lines:

(i) Request for transfer of the cases is rejected.

(ii) It is directed that coercive steps, if any, taken against Petitioner in C.C. Nos. 26 of 2008 and 749 of 2008 of the Court of learned Judicial First Class Magistrate, Ottappalam, C.C. Nos. 1545 of 2007 and 22 of 2008 of the Court of learned Judicial First Class Magistrate, Thrissur (arising from Crime Nos. 512 and 511 of 2007 of Thrissur Town East Police Station), Crime No. 2049 of 2010 of Ernakulam Central Police Station pending trial before learned Chief Judicial Magistrate, Ernakulm and C.C. No. 198 of 2009 of the Court of learned Chief Judicial Magistrate, Kollam will stand in abeyance for a period of one month from this day or till Petitioner appears in the said Courts and seeks regular bail, whichever is earlier. If any application for bail is preferred by the Petitioner in the said cases, the Courts concerned shall consider such application having regard to the facts and circumstances of the case and the desire expressed by the Petitioner to lead a peaceful life and pass appropriate orders as early as possible.