ORDER: Subdivisional Magistrate (South), Villianur in exercise of powers conferred under Code of Criminal Pro…

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No. 45 Poudouchéry Mardi 12 Avril 2016 (23 Chaitra 1938)

No. Puducherry Tuesday 12th April 2016

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (SOUTH)

AT VILLIANUR

Present : Thiru S. RAJAMANICKAM,

Subdivisional Magistrate (South).

M.C. No. 161/2016

ORDER UNDER SECTION 144 of Cr. P.C.

Thiru Palani @ Senthil (30),

S/o Ramakrishnan,

No. 5, Kulathumettu street,

Arasur, Villianur,

Puducherry.

Whereas, it has been made to appear to me that you have trivial and scant respect to the judiciary and rule of law and are involved in various offences against public tranquility, offences affecting property and offences affecting human body and that you have become a perennial source of threat to the community, public peace and order;

[ 345 ]LA GAZETTE DE L'ETAT [ PART-I 346 346 And whereas, I am convinced of your involvement in various criminal cases under (1) Cr. No. 54/2012 under section 34A (i) of PP Act, dated 16-2-2012 of Villianur Police Station, Puducherry (2) Cr. No. 133/2012 under section 25(1-B)(b) of Arms Act, dated 4-4-2012 of Villianur Police Station, Puducherry (3) Cr. No. 26/2015 under sections 294(b), 324, 506 (ii) IPC r/w 34 IPC, dated 4-2-2015 of Villianur Police Station, Puducherry (4) Cr. No. 141/2015 under sections 294(b), 323, 324, 506 (ii) r/w 34IPC, dated 18-7-2015 of Villianur Police Station, Puducherry (5) Cr. No. 95/2015 under section 3 of Explosive Substances Act, 1908, dated 15-6-2015 of Odiyansalai Police Station and your vengeful acts along with your accomplices against your opponents has created panic in the minds of the people;

And whereas, the Station House Officer, Villianur Police Station has filed a case against you vide FIR. No. 02/2016 under section 144 of Cr. P.C, dated 6-2-2016.

It is stated by the Station House Officer, Villianur Police Station that you have formed a gang of rowdies and bent upon indulging in crime such as murder, assault, intimidation, rioting, theft, damage the property and disturbance to the public tranquility and order, and you have created panic in the minds of local inhabitants and the farmer business community in the rural limit. It is also stated that you have become a source of terror among the public. As a result the people of the locality being afraid of you and do not come forward to lodge any complaint against you.

It is also stated that even witnesses don't come forward voluntarily to give evidence against you in the cases, where, you are the accused.

And whereas, it is also stated in the FIR that the Station House Officer have received reliable information that you are desperate and is in dire need of money to maintain your group of rowdy elements and to meet expenses in connection with the trial in the pending criminal cases against you. It is also stated that you are hatching plans to threaten the business people in the Puducherry area and extort money from them by threatening, but, the public do not come forward to lodge any complaint against you due to fear. It is further stated that you also earned displeasure among a section of other rowdy group in the area on account of the grudge against you and hence, rival group is also waiting opportunity to take revenge upon you.

And whereas, the Station House Officer, Villianur Police Station further submitted that you are in the habit of motivating young persons to involve in various offences by using aruval, knife and deadly weapons to attack the victims.

You also violated the conditions imposed by the criminal courts and has scant respect to the Judiciary and rule of law.

It is also stated that if you are allowed to reside in Puducherry limits, it is apprehended that you would continue to indulge in serious offences like murder, extortion, damages to public and private properties, assault, obstructions, annoyance, theft, etc., and there by emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Station House Officer, Villianur Police Station has prayed to invoke provisions under section 144(i)(ii)(iii) of Cr. P.C against you , not to enter into the jurisdiction of Subdivisional Magistrate (south) Court for a period of two months as to prevent danger to the human life and properties and disturbance to the public tranquility and order.

PART-I ] LA GAZETTE DE L'ETAT 347

And whereas, it is brought to the notice of the undersigned that you and your accomplices are likely to indulge in un-lawful activities, obstruction and disturbance of peace and tranquility causing damage to life and property and intimidation of general public;

And whereas, based on the report laid before me, I am of the opinion that if you are allowed to reside within the limits of my jurisdiction, you will continue to indulge in and also motivate others to commit serious offences like murder, extortion, damages to public and private properties, assault, obstructions, annoyance, etc., and thereby become a perennial source of threat to the community and disturb public peace and order. Such situations cannot be handled effectively by taking recourse to usual procedures contemplated by law and hence, it is necessary that special provision under section 144 of Cr.P.C. is invoked to take action against you to prevent harm to life and properties of citizens and uphold public peace and order;

And whereas, I am satisfied that you are an habitual offender, that your activities will endanger human life and properties and your presence is a threat to public tranquility in my Subdivision. Therefore, an immediate action is required for curtailing your illegal activities in the locality;

Now, therefore, based on the reasons stated above, I, S. Rajamanickam, Subdivisional Magistrate (South), Villianur in exercise of powers conferred under Code of Criminal Procedure, do hereby prohibit you under section 144 of Cr. PC from entering into the region under the control of my jurisdiction for a period of two months from the date of this Order or till any further orders are passed by the Competent Authority revoking this prohibition as per law, whichever is earlier except when you are summoned to attend the cases in any of the Courts in Puducherry.

At Villianur, dated this 6th day of April 2016.

S. RAJAMANICKAM,