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2014 DIGILAW 2381 (MAD)

Usha v. State Rep. by The Inspector of Police

2014-08-05

N.KIRUBAKARAN

body2014
Judgment : 1. The petitioners/accused Nos.1 to 7 are before this Court seeking transfer of S.C.No.21 of 2014 on the ground that the second respondent/de-facto complainant's father is a practising Advocate in Kanyakumari District and no Advocate has come forward to appear for the petitioners. 2. Heard the learned Counsel appearing for the petitioners and the learned Government Advocate (Criminal side) appearing for the respondents. 3. The contention of the learned counsel for the petitioners is that even for executing the bail bond, the petitioners have to execute the same in Valliyoor Court as they were unable to execute the bond before the trial Court. 4. It is admitted by the second respondent that his father is a practising Advocate in Kanyakumari District. Having the legal assistance in cases is the right of a person, especially, the accused in this case, the petitioners herein. If the case is allowed to be continued to be conducted in Kanyakumari District, definitely the petitioners cannot get a fair trial and the valuable rights would be jeopardised. It is submitted by the learned Counsel for the petitioners that the Bar of Kanyakumari Court, passed a resolution to the effect that no one should appear for the petitioners. 5. In the interest of justice, this Court is inclined to transfer the case from the Assistant Sessions Court/Sub-Court, Kuzhithurai to Sub-Court, Tirunelveli for further proceedings. 6. With the above direction, the Criminal Original Petition is ordered. Consequently, the connected Miscellaneous petition is closed.