Sarasamma @ Saraswathyamma v. The Sate Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.01.2018

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.28166 of 2017 & Crl.M.P.No. 16004 of 2017 Sarasamma @ Saraswathyamma .. Petitioner/Witness2 Vs.

1. The State rep. by Deputy Superintendent of Police, District Crime Branch, Krishnagiri District.

(Crime No. 614 of 1995) .. 1st Respondent/Complainant

2. Varadharajan

3. Ramachandran

4. Lagumaiya

5. Narayanappa

6. Irudhayaraj @ Doctor Irudhayaraj @ Sagaya Irudhayaraj

7. Ramachandran

8. Prabhakaran

9. E.Ramadoss

10. V.Palani ..Respondents 2 to 10/ Accused 1 to 9 PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. to withdraw the session case in 81 of 2016 pending before the Hon'ble Additional Sessions court, Hosur and transfer the same to the Hon'ble Principal Sessions Court, Salem. For Petitioner : Mr.P.Rathinam For Respondents : Mrs.V.Saratha devi R1 : Government Advocate (Crl.Side) RR.2 to 6 : Mr.R.Singaravelan, Senior Counsel for Mr.M.Rajendiran RR 7 & 8 :

Mr.V.Gopinath, Senior Counsel for Mr.R.Ganesh Kumar R9 & R10 : No Appearing

O R D E R

This petition has been filed to withdraw the session case in S.C.No. 81 of 2016 pending before the learned Additional Sessions court, Hosur and transfer the same to the learned Principal Sessions Court, Salem.

2. When the matter was called today, the learned Government Advocate (Crl.Side) on instructions submitted that the trial had already been commenced and one of the witness has also been examined. At this juncture, it would not be appropriate to transfer the petition. It is further brought to my notice that vide earlier order dated 14.06.2017, in Crl.O.P.No.8000 of 2017, this Court had directed the trial court, to dispose of the case in SC No.240 of 2004 (which came to be re-numbered as S.C.No.81 of 2016) within a period of six months.

3. While that being so, it would be improper for this Court to transfer the case in view of the order passed by this Court. The only apprehension of the petitioner is that his life and liberty is at threat whenever, he attends the hearing for the said proceedings.

4. In my view, this cannot be a ground seeking for transfer for the simple reason that the said threat will always be there for the petitioner wherever the case is transferred. On the other hand, if at all, the petitioner apprehends that there is threat to his life and liberty, it is always open to him to approach the concerned jurisdictional police seeking for necessary protection. However, it would not be appropriate for this Court to exercise its powers and order for transfer on this ground.

5. In the result, I do not find any merits requiring the petition to be transferred. Accordingly, the Criminal Original Petition stands dismissed.

6. Since the petitioner apprehends threat to his life and liberty at the time of appearing for the trial, the petitioner is granted liberty to approach concerned jurisdictional police seeking for necessary protection for the purpose of deposing evidence and on receipt of such representation, the first respondent shall consider the same, on its own merits and pass appropriate orders, in accordance with law, preferably on the same day. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar aav

To

1. The Deputy Superintendent of Police, District Crime Branch, Krishnagiri District.

2. The Public Prosecutor, High Court, Madras.

3.The Additional session Court, Hosur.

4.The Pricipal Session Court, Salem.

+1cc to Mr.R.Thirumoorthy, Advocate, S.R.No.3861 +1cc to Mr.R.Ganesh Kumar, Advocate, S.R.No.3848 +1cc to Mr.M.Rajendran, Advocate, S.R.No.3836 CRL.O.P.No.28166 of 2017 SJ(CO) RRK(22/01/2018)