Judgment :- 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. 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. 4. A similar application has been filed before the Sessions Court, Trivandrum, but the learned Sessions judge dismissed the said application. 5. S.407 of the Code of Criminal Procedure empowers the High Court to transfer any case from any court subordinate thereto, whenever it is made to appear to the High Court that a fair and impartial trial cannot be had in the criminal court or when it is expedient for the ends of justice. There are other grounds also by which this Court can order a transfer of the case from one court to another. Fair and impartial trial is one of the prime requisites of administration of criminal justice. Impartiality and fairness in trial are for the public confidence in judicial institutions, for protection of the persons accused of offences, and also for just and proper disposal of cases. Sometimes the atmosphere prevalent in a locality may create difficulties to the court for efficacious and orderly conduct of the trial. It is not enough that the presiding officer maintains highest degree of impartiality and fairness. Sometimes witnesses may find it difficult to give voluntary and true testimony due to fear of consequences when the atmosphere is tense. Sometimes the prosecution or even accused may have embarrassment on account of hostility of the people of the locality when the place of trial is a small town. Sensation of a case in a locality, or hostility of the people or even fear of witnesses in giving evidence need not necessarily be factors for transferring cases. Court in each case must examine whether it is expedient for the ends of justice, in view of the existence of the aforesaid factors or otherwise, to transfer the case to another, court. Court in each case must examine whether it is expedient for the ends of justice, in view of the existence of the aforesaid factors or otherwise, to transfer the case to another, court. The court must guard against the possibility of a false representation by the parties in a case that the atmosphere is not conducive for an impartial trial. If the apprehension expressed by the accused is only a feigned one, Court should resist the attempt to get the case transferred. But if the apprehension is reasonable and the grounds for such apprehension are real, courts can in appropriate cases transfer them from one court to another It always depends upon facts and circumstances in each case. The axiomatic principle in the field of administration of criminal justice is "it is not enough that justice is done, it must also appear to have been done." But when giving weight to such appearance, pretensions should be discouraged, imaginated apprehensions should be discountenanced and feigned fears should be ignored. 6. The Supreme Court recognised the principle that when there is a reasonable possibility of the atmosphere being contaminated or seriously undermined on account of the sensation or tension created by the news of incident, a prayer for transfer of the case shall be given favourable consideration. (Vide G. X. Francis and others v. Banke Biharl Singh and another (AIR 1958 SC 309). The following observation of Their Lordships in the decision is worth quoting: "The calm and detached atmosphere of a fair and impartial judicial trial would be wanting, and even if justice were done it would not be seen to be done in such atmosphere". Twenty one years thereafter another bench of three judges of the Supreme Court reiterated the same principle. Krishna Iyer, J. in his own style characterised the principle thus: "It is becoming a frequent phenomenon in our country that court proceedings are being disturbed by rude hoodlums and unruly crowds, jostling, jeering or cheering and disrupting the judicial hearing with menaces, noises and worse. Krishna Iyer, J. in his own style characterised the principle thus: "It is becoming a frequent phenomenon in our country that court proceedings are being disturbed by rude hoodlums and unruly crowds, jostling, jeering or cheering and disrupting the judicial hearing with menaces, noises and worse. If this vice is peculiar to particular place and is persistent, the transfer of the case from that place may become necessary: Likewise, if there is general consternation or atmosphere of tension or raging masses of people in the entire region taking sides and polluting the climate, vitiating the necessary neutrality to hold a detached judicial trial, the situation may be said to have deteriorated to such an extent as to warrant transfer." (Vide Mrs. Maneka Sanjay Gandhi and others v. Miss. Rani Jethmalani (AIR 1979 SC 468). 7. In this case the allegation of the petitioner that the atmosphere in the small town of Kattakkada is surcharged with tension on account of the news of the incident has net been controverted. The allegation that roadsides of Kattakkada were decorated or disfigured by wall posters depicting the incident is also net controverted. Free circulation of pamphlets containing imputations against the petitioner, charges and courier charges by two rival student unions in the College over the episode and the prurient tone of the incident in which the characters are a senior Professor and a girl student would have marred the atmosphere of the small town of Kattakkada. As the venue of the alleged incident is a mixed College situated within one Kilometre of the court house, the possibility of its reverberation radiating right upto the court premises cannot be ruled out. Hence I am not inclined to brush aside the apprehension expressed by the petitioner as unreasonable or feigned, A transfer of the case to another court outside Kattakkada, in the aforesaid circumstances, will be in the interest of justice to provide a conducive atmosphere for proper discharge of the judicial function. 8. Hence I allow this petition and order C.C.1088/86 on the file of the Judicial Magistrate of the Second Class, Kattakkada be transferred to the file of the Chief Judicial Magistrate, Trivandrum. The Criminal M. C. is disposed of accordingly.