A.Muthulakshmi, F/A.66 Years v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.10.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.16817 of 2017 A.Muthulakshmi ... Petitioner Vs The Inspector of Police, Naduvattam Police Station, Naduvattam Village, Gudaloor, Nilgiris District.

(Crime No. 136 of 2014)

...Respondent

Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to transfer the trial from the District and Sessions Judge cum Mahalir Needhimandram (FTMC) Udahamangalam in S.C.No.9 of 2016 to the District and Sessions Court, Thiruppur.

For Petitioner : Mr.M.Saravanakumar For Respondent : Mr.P.Govindarajan, Additional Government Pleader

O R D E R

The prayer in the present petition is to transfer the trial from the District and Sessions Judge cum Mahalir Needhimandram (FTMC) Udahamangalam in S.C.No.9 of 2016 to the District and Sessions Court, Thiruppur.

2. In view of the medical condition and the age of the petitioner, the present transfer application has been filed. It is now brought to the notice of this Court that the trial has already commenced and PW1 to PW5 have already been examined. At this stage, it would not be appropriate for this Court to transfer the proceedings.

3. Since the petitioner seeks transfer of the trial only on the health grounds of the petitioner, it is always open to him to file an appropriate petition under Section 284 Cr.P.C seeking for dispensing with the attendance and for issuance of the commission for the examination of the petitioner. The petitioner is also granted liberty to make out appropriate application seeking for assisting the Public Prosecutor.

4. With the above observation, this Criminal Original Petition stands closed.

23.10.2017 Index :Yes/No aav/ak

To

1. The Inspector of Police, Naduvattam Police Station, Naduvattam Village, Gudaloor, Nilgiris District.

2. The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J.

aav/ak Crl.O.P.No.16817 of 2017 23.10.2017