SIMON Vs. STATE

JUDGEMENT

(1.) Since the issue involved in both the cases are one and the same, these Petitions are disposed of by this Common Order.

(2.) The Petitioners are arrayed as A1 to A6 in Crl.O.P.(MD) No.8122 of 2022, in Crime No.190 of 2022 for the offences punishable under Ss. 143, 341, 153, 153-B(1)(c), 120-B of IPC and Sec. 7(1)(a) of the Criminal Amendment Act, 1932 and the Petitioners in Crl.O.P.(MD) No.8164 of 2022, are arrayed as A1 to A3 in Crime No.189 of 2022, for the offences punishable under Ss. 143, 341 & 353 of IPC and Sec. 7(1)(a) of the Criminal Law Amendment Act, on the file of the First Respondent-Police respectively.

(3.) The case of the prosecution in Crl.O.P.(MD) No.8122 of 2022 is that the De facto Complainant namely, one Surenthirakumar, who is working as the Village Administrative Officer, lodged a Complaint before the Respondent Police stating that on 10/4/2022 at about 11.30 a.m., the Petitioners conducted the first anniversary of one Silambarasan, who died following a Police chase and torture on 7/4/2021. They conducted continuous demonstrations with a very small number of people near Anna Statue without obtaining any permission due to the spontaneity of the action and further demanded to take action against the delinquent Police Officers for their involvement in the illegal act and consequential custodial murder of the said Silambarasan. Aggrieved by the same, the First Respondent-Police obtained a Complaint from the Village Administrative Officer and registered a case against the Petitioners in Crime No.190 of 2022 for the above said offences.