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Thomas Alva Edison vs State Of Kerala

High Court Of Kerala|04 November, 2014
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JUDGMENT / ORDER

The petitioner herein is the accused in S.C No.92/2012 before the learned fifth Additional Sessions Judge, Ernakulam. When he remained absent on one occasion, the learned trial Judge cancelled his bail, and issued warrant of arrest. However later he surrendered with sureties, and made application for bail afresh. Finding that bail afresh cannot be immediately granted the learned trial judge remanded him to judicial custody. Later he was granted bail by this court. Now the accused seeks orders transferring the said case to some other court on the ground that he will not get justice from the learned trial Judge. I do not know why, or on what material he apprehends that he will not get justice from the learned trial judge. It is a normal judicial procedure, that if the accused remained absent without excuse, the trial court will issue warrant of arrest, or even cancel bail. It is also quite normal that when bail afresh is sought in a serious crime, the trial court will think twice before granting bail afresh. These are all normal judicial procedure. Just because the trial court cancelled bail or issued warrant of arrest, which usually and normally occurs in all courts during the trial procedure, a case cannot be transfered to some other court. Now the learned counsel submits that T.P(Crl.)No.88 of 2014 2 the learned trial judge even declared in open court that the petitioner will have to undergo life sentence. This court does not think that the trial judges in our state will make such statements or declarations in open court. I do not believe the allegations made by the petitioner. I find no reason to transfer the case to some other court. I do not think that the learned trail judge is in any manner is prejudiced against the petitioner. In the result, this transfer petition is dismissed.
P.UBAID, JUDGE sab
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Title

Thomas Alva Edison vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
04 November, 2014
Judges
  • P Ubaid
Advocates
  • Sri
  • K
  • P Madhu