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

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   La Gazette de L' État de Poudouchéry The Gazette of Puducherry

PART - I

 ➢ EXTRAORDINAIRE EXTRAORDINARY

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No. 47 Poudouchéry Mercredi 13 Avril 2016 (24 Chaitra 1938)

No. Puducherry Wednesday 13th April 2016

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (SOUTH)

AT VILLIANUR

Present : Thiru S. RAJAMANICKAM,

Subdivisional Magistrate (South).

M.C. No. 183/2016

ORDER UNDER SECTION 144 of Cr. P.C.

Thiru Devadoss @ Doss (36), S/o. Sivabalan, No. 36, Mariamman Koil Street, Karikalampakkampet, 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;

[ 351 ]LA GAZETTE DE L'ETAT [ PART-I 352 352 And whereas,I am convinced of your involvement in various criminal cases under (1) Cr. No. 97/07 under sections 341,324,506(ii) IPC, dated 29-3-2007 of Villianur Police Station, Puducherry (2) Cr. No. 371/07 under section 107 Cr.P.C., dated 16-11-2007 of Villianur Police Station,Puducherry (3) Cr. No. 09/08 under section 392 IPC, dated 15-1-2008 of Reddichavady Police Station, Tamil Nadu (4) Cr. No. 139/08 under section 394 r/w 34 IPC, dated 16-7-2008 of Thavalakuppam Police Station, Puducherry (5) Cr.No. 76/09 under section 5 of Explosive Substances Act, 1908 r/w 34 IPC, dated 15-2-2009 of Orleayanpet Police Station (6) Cr. No. 361/09 under sections 399, 402 IPC, 4(i) of Explosive Substances Act and 3 and 27 of Arms Act, dated 24-6-2009 of Grand Bazaar, Police Station, Puducherry (7) Cr. No. 930/09 under sections 147, 148, 353, 307, 506(ii) IPC r/w 3 and 4 of Explosive Substances Act, 1908 and 25(i)(a) Indian Arms Act, dated 6-11-2009 of Seyyar Police Station, Tamil Nadu (8) Cr.No. 615/2009 under sections 120(b), 147,148, 341, 324, 323, 307 IPC and 3 and 4 of Explosive Substances Act r/w 149 IPC, dated 6-11-2009 of Thusi Police Station, Tamil Nadu (9) Cr.No. 200/10 under section 147, 148, 341, 302 IPC, dated 9-4-2012 of Thusi Police Station, Tamil Nadu (10) Cr. No. 486/10 under section 144 Cr.P.C., dated 2-12-2010 of Villianur Police Station, Puducherry (11) Cr. No.492/10 under section 25(b) of Arms Act, 1959 and 34(b)(ix) of PP Act, dated 9-12-2010 of Villianur Police Station, Puducherry (12) Cr. No. 06/11 under section 110 Cr. P.C., dated 9-3-2011 of Mangalam Police Station, Puducherry.(13) IR.No.26/12 under section 144 Cr.P.C., dated 14-5-2012 of Mangalam Police Station, Puducherry. (14) 34/12 under section 144 Cr.P.C., dated 7-8-2012 of Mangalam Police Station, Puducherry (15) IR. No.37/2014 under section144 Cr.P.C., dated 24-9-2014 of Mangalam Police Station, Puducherry. (16) Cr.No. 07/2015 under section 151 @ 110 Cr. P.C., dated 29-3-2015 of Mangalam Police Station, Puducherry 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, Mangalam Police Station has filed a case against you vide FIR.No. 06/2016 under section 144 of Cr. P.C., dated 6-4-2016. It is stated by the Station House Officer, Mangalam Police Station that you have formed a gang of rowdies and bent upon indulging in crime such as murder, extortion, robbery, intimidation and disturbance to the public tranquility and order and you have created panic in the minds of local inhabitants and the 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 not having any job and leading a lavish life with money earned through extortion. 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 of retaliation;

And whereas,, the Station House Officer, Mangalam Police Station further submitted that you are a dangerous criminal and has been using deadly weapons such as country bomb, knife and deadly weapons to attack the victims. You are a notorious gangster and has a number of associates in and around Puducherry region. Hence, the Station House Officer, Mangalam Police Station has prayed toPART-I ] LA GAZETTE DE L'ETAT 353 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;

And whereas, it is brought to the notice of the undersigned that you and your accomplices are likely to indulge in unlawful 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.P.C. 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 9th day of April 2016.

S. RAJAMANICKAM,