K. ARULINBATHEVAR ALIAS AYYA Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) This petition has been filed, seeking to call for the records of G.O.SRIII/942-2/2016 dtd. 11/8/2016 and quash the same and allow the petitioner to reside along with his wife and children at Coimbatore refugees Camp.

(2.) According to the petitioner, he is a Srilankan Tamil refugee and has come to India with his family sometime in the year 2009, because of the ethnic violence in Sri Lanka. The petitioner and his family were provided accommodation in the Srilankan Refugee Camp at Malayandipattinam, Kottapattu, Coimbatore. While so, the petitioner was arrested by the Q-Branch Police on 28/6/2016 in connection with a case in Crime No.1 of 2016 for offences under Ss. 120-B, 370 and 420 IPC and Sec. 12(1)(a) of the Passports Act, 1967, Sec. 14(b) and (c) of the Foreigners Act, 1946 r/w Para 5 of Foreigners Order 1948 and Sec. 14-C of the Foreigners Act, 1946 and was remanded to judicial custody by the Judicial Magistrate, Eraniel and was lodged in the Sub Jail, Nagercoil.

(3.) The allegation in Crime No.1 of 2016 is that this petitioner and others had collected money from various Srilankan refugees on the promise of taking them by sea to Australia and settling them there. On reading of the FIR in Crime No.1 of 2016, it is seen that the complainant is one Rajesh, who is also a Srilankan refugee and he has alleged that the petitioner and others had collected around Rs.1,50,000.00 from several families and taken them by boat upto Kanyakumari Coast and after relieving of their monies brought them back saying that Police had got scent of the operation and that the voyage will be thwarted. Eleven accused in Crime No.1 of 2016 filed bail application in Crl.O.P.(MD) Nos.16667 and 17085 of 2016 before this Court and they were granted bail on the following conditions: