2025:KER:28835 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 TR.P(CRL.) NO. 76 OF 2022 CRIME NO.889/2013 OF KOLLENGODE POLICE STATION, PALAKKAD AGAINST CRL.A NO.108 OF 2019 OF DISTRICT COURT & SESSIONS COURT, PALAKKAD ARISING OUT OF THE JUDGMENT DATED 23.02.2019 IN SC NO.76 OF 2017 OF ASSISTANT SESSIONS COURT/ADDITIONAL SUB COURT, PALAKKAD PETITIONERS/APPELLANTS/VICTIMS IN SC 76/2017: 1 CHANDRAN AGED 66 YEARS S/O PEETHAMBARAN, CHALLAPOTTA HOUSE, KOLAPPA, ELAVANCHERRY (POST), CHITTUR TALUK, PALAKKAD, PIN - 678508 2 RAMESH AGED 40 YEARS S/O RAMAKRISHNAN, IRUVILAMKADU, CHULANNUR POST, ALATHUR, PALAKKAD DISTRICT, PIN - 678541 BY ADVS. THAREEQ ANVER K. P.K.MOHANAN(PALAKKAD) 2025:KER:28835 TR.P.(CRL.) NO.76 OF 2022 2 RESPONDENTS/RESPONDENTS/ACCUSED 1 AND 2 IN SC 76/2017 AND STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 NARAYANAN S/O VELAYUDHAN, AGED 53 YEARS, CHALLAPOTTA HOUSE, KIZHAKKUMURY, ELAVANCHERRY (POST), CHITTUR TALUK, PALAKKAD DISTRICT, PIN - 678508 3 MIDHUN S/O NARAYANAN, AGED 27 YEARS, CHALLAPOTTA HOUSE, KIZHAKKUMURY, ELAVANCHERRY, CHITTUR TALUK, PALAKKAD DISTRICT, PIN - 678508 BY ADVS. SMT.C.SEENA, PUBLIC PROSECUTOR V.A.JOHNSON (VARIKKAPPALLIL) THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28835 TR.P.(CRL.) NO.76 OF 2022 3 ORDER This Transfer Petition has been filed to transfer Criminal Appeal No.108/2019 pending on the files of the Sessions Court, Palakkad to this Court. 2. I have heard both sides. 3. Criminal Appeal No.108/2019 has been filed against the judgment of acquittal in S. C. No.76/2017 on the files of the Assistant Sessions Court (Additional), Palakkad. S.C. No.76/2017 has been tried along with the counter case S.C. No.723/2014. The accused therein were convicted. Challenging the conviction, the accused Nos.1 and 2 filed two appeals before this Court as Criminal Appeal Nos.317/2019 and 351/2019 which are still pending. Since the appeals pending before this Court and Criminal Appeal No.108/2019 pending before the Assistant Sessions Court (Additional), Palakkad arose out of the case and counter case, it is just and proper that all the three appeals are 2025:KER:28835 TR.P.(CRL.) NO.76 OF 2022 4 heard by this Court. Hence, this Transfer Petition is allowed and Criminal Appeal No.108/2019 pending on the files of the Sessions Court, Palakkad is withdrawn and transferred to this Court to hear along with Criminal Appeal Nos.317/2019 and 351/2019. Sd/- DR. KAUSER EDAPPAGATH JUDGE BR 2025:KER:28835 TR.P.(CRL.) NO.76 OF 2022 5 APPENDIX OF TR.P(CRL.) 76/2022 PETITIONERS’ ANNEXURES Annexure 1 THE JUDGMENT DATED 23.02.2019 IN S.C. 723/2014 ON THE FILES OF ASSISTANT SESSIONS JUDGE (ADDITIONAL), PALAKKAD Annexure 2 THE JUDGMENT DATED 23.02.2019 IN S.C. 76/2017 ON THE FILES OF ASSISTANT SESSIONS JUDGE (ADDITIONAL), PALAKKAD RESPONDENTS’ ANNEXURES: NIL