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K. G. BALAKRISHNAN, R. V. RAVEENDRAN, MUKUNDAKAM SHARMA
Jayendra Saraswati Swamigal @ Subramaniam – Appellant
Versus
State of Tamil Nadu – Respondent
Judgment
K.G. Balakrishnan, CJI. : —
1.Leave granted.
2.The appellant herein is one of the accused in a Crime registered by Vishnu Kanchi Police Station at Tamil Nadu. The police after investigation filed final report on 21-1-2005 and the case was committed to the Principal Sessions Judge-Chinglepet and was registered as Session Case No. 197/05. The appellant then moved this Court under Section 406 of Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.) seeking transfer of the case to any other State. The appellant alleged in the Transfer Petition that he was being unnecessarily harassed by the State of Tamil Nadu and that he would not get a fair trial. This Court in Sri Jayendra Saraswathi Swamigal (II), T.N. v. State of Tamil Nadu, (2005) 8 SCC 771 considered the matter in detail and reached the following conclusion in paragraph 24 of the Judgment:-
“Taking into consideration the entire facts and circumstances of the case and the material on record, we have no hesitation in holding that the petitioner and other co-accused of the case have a reasonable apprehension that they will not get justice in the State of Tamil Nadu. We would like to clarify here that we are cas
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