(1.) THE petitioner is the sole accused in S.C.No.191 of 2010 on the file of the learned Additional District and Sessions Judge, Fast Track Court No.II, Salem. He is facing prosecution for offences under Sections 364, 302 and 201 of IPC. Seeking to transfer the said case from the file of the said court to any other court in Krishnagiri District, the petitioner has come up before this Court with this petition.
(2.) THE facts leading to this petition would be as follows: The accused was married to one Hemalatha. But he developed illicit intimacy with one Annakili @ Annalakshmi. In due course of time, Annakili @ Annalakshmi insisted upon the petitioner to marry her. Unable to bear with the same, according to the case of the prosecution, the petitioner decided to do away with her. As a design to do away with her, he told Annakili @ Annalakshmi that he would marry her on 23.08.2008 at Yercaud. On 22.08.2008, she came to Sundar Lodge Bus Stop at Salem. It is further alleged that the petitioner took her in his motor cycle from that bus stop to a secluded place within Yercaud Police Station Limits, where he strangulated her to death. Thereafter, he poured petrol on the body of the deceased and set fire in order to cause disappearance of the evidence. With these allegations, the respondent police filed a final report on 04.11.2009. On committal to the learned Sessions Judge, Salem, the same was made over to the learned Additional Sessions Judge, Fast Track Court No.II, Salem for trial.
(3.) ON 19.12.2011, when the case was taken up before the trial court for examination of defence witnesses, the learned Counsel on record for the accused before the trial court withdrew his appearance. The accused was also absent. Therefore, the court had to issue Non-Bailable Warrant for the arrest of the petitioner. Thereafter, he surrendered before the court on filing a petition seeking to recall the said warrant. Accordingly, the learned Judge had recalled the warrant. Thereafter, the case was listed for examination of the defence witnesses. At that juncture, the petitioner has come up with this petition on 15.12.2011 seeking transfer of the case to any other court in Krishnagiri District.