ORDER UNDER SECTION 144 of Cr. P.C.: M.C. No. 406/2016 - Various Offences against Public

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No. 118 Poudouchéry Lundi 12 Septembre 2016 (21 Bhadra 1938)

No. Puducherry Monday 12th September 2016

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (SOUTH)

AT VILLIANUR

Present : Thiru N. UDAYAKUMAR,

Subdivisional Magistrate (South).

M.C. No. 406/2016

ORDER UNDER SECTION 144 of Cr. P.C.

Thiru Kumar @ Kosa Kumar @ Chandiran (33),

S/o. Ramalingam, Urakulam Street,

Kirumampakkam, 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 decency and morals and offences affecting human body and that you have become a perennial source of threat to the community, public peace and order;

[1447] 1448

LA GAZETTE DE L'ETAT [PART - I And whereas, I am convinced of your involvement in various criminal cases under (1) Cr. No. 67/2007 under sections 323, 427, 506(ii) IPC r/w 34 IPC o f K i r uma mp ak k a m P o l ic e St a t i o n , P u d u c he r r y ( 2 ) C r. N o . 1 5 2 / 2 0 0 1 under sections 341, 323, 294, 506(ii) IPC r/w 34 IPC of Kirumampakkam Police Station, Puducherry (3) Cr. No. 26/2002 under sections 147, 324, 323, 294, 506 IPC r/w 34 IPC of Kirumampakkam Police Station, Puducherry (4) Cr. No. 163/2002 under sections 341, 323, 506(ii) IPC r/w 34 IPC of Kirumampakkam Police Station, Puducherry (5) Cr. No. 165/2002 under sections 341, 323, 324, 506(ii) IPC r/w 34 IPC of Kirumampakkam Police Station, Puducherry (6) Cr. No. 44/2004 un d er s ect io n 1 0 7, C r. P.C o f K ir uma mp akk am P o li ce St ati o n , P ud uc he r r y (7) Cr. No. 70/2004 under section 379 IPC of Kirumampakkam Police Station, Puducherry (8) Cr. No. 218/2004 under sections 148, 341, 324, 506(ii), 302 IPC r/w 149 IPC and section 3 of Explosives Act, 1908 of Reddichavady Police Station, Tamil Nadu (9) Cr. No. 239/2004 under section 110 Cr.P.C of Kirumampakkam Police Station, Puducherry (10) Cr. No. 210/2005 under section 110 Cr. P.C of Kirumampakkam Police Station, Puducherry (11) Cr. No. 83/2006 under section 11 0 Cr.P.C o f Kirumampakkam Police Station, P uducher ry (12) Cr. No. 109/2006 under sections 324, 506(ii) IPC r/w 34 IPC of Kirumampakkam Police Station, Puducherry (13) Cr. No. 23/2007 under sections 324, 323, 506(ii) IPC r/w 34 IPC @ 323, 324 IPC r/w 34 IPC of Kirumampakkam Police Station, Puducherry (14) Cr. No. 26/2007 under section 110 Cr.P.C of Kirumampakkam Police Station, Puducherry (15) Cr. No. 104/2007 under section 25(l)(A) of Arms Act 1959 of Kirumampakkam Police Station, Puducherry (16) Cr. No. 144/2007 under sections 294, 506(ii) IPC r/w 149 IPC @ 147, 148, 294, 507, 386 IPC r/w 149 IPC of Mettupalayam Police Station, Puducherry (17) Cr. No. 78/2008 under section 25(l) (B) of Arms Act of Kirumampakkam Police Station, Puducherry (18) Cr. No. 100/2008 under section 1 51 Cr.P.C o f Kir umampakkam Police Statio n, Pud ucher ry (19) Cr. No. 188/2008 under section 379 IPC r/w 34 IPC of Kirumampakkam Police Station, Puducherry (20) Cr. No. 143/2009 under section 107 Cr.P.C of Kirumampakkam Police Station, Puducherry (21) Cr. No. 02/2010 under section 25(l) (A) of Arms Act, 1959 (PT) of Reddichavadi Police Station, Tamil Nadu (22) Cr. No. 27/2010 under section 506(ii) IPC r/w 34 IPC @ 120 B, 5 0 6( ii) I P C r/w 34 IPC of Kirumampakkam Police Station, Puducherry (23) Cr. No. 60/2010 under section 110 Cr.P.C. of Kirumampakkam P olice Statio n, Puducher ry (24) Cr. No. 107/2010 under sections 147, 148, 324, 506 (ii) IPC r/w 149 IPC of Bahour Police Station, Puducherry (25) Cr. No. 27/2011 under sections 323, 324, 506(ii) IPC r/w 34 IPC of Kirumampakkam Police Station, Puducherry (26) Cr. No. 45/2013 under section 386 IPC r/w 34 IPC @ 392 IPC r/w 34 IPC of Kirumampakkam Police Station, Puducherry (27) IR. No. 07/2013 under section 144 Cr.P.C of Kirumampakkam Police Station, Puducherry (28) Cr. No. 86/2013 under section 188 IPC o f Ki r u ma mp k ka m P o li ce St at io n, P u d u ch er r y (29) IR. No. 36/2014 under section 144 Cr.P.C. of Kirumampakkam Police Station, Puducherry (30) IR. No. 06/2015 under section 11 0 Cr.P.C o f Kirumampakkam Police Station, P uducher ry (31) IR. No. 14/2016 under section 110 Cr.P.C of Kirumampakkam 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, Kirumampakkam Police Station has filed a case against you vide FIR. No. 38/2016 under section 144 of Cr.P.C., dated 10-8-2016. It is stated by the Station House Officer, Kirumampakkam Police Station that you have formed a gang of rowdies and bent upon indulging in crime such as hurt, intimidation, rioting, affray and making disturbance to the 1449 PART - I]

LA GAZETTE DE L'ETAT

public tranquility and order, and you have created panic in the minds of local inhabitants and the farmer and business communities 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, the Station House Officer, Kirumampakkam Police Station further submitted that you involve in various offences by using aruval, knife, country made bombs 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 assault, obstructions, annoyance, etc., and thereby emerged as a perennial source of threat to the shop owners, general public and disturbing public peace and order. Hence, the Station House Officer, Kirumampakkam 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;

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 a 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, N. Udayakumar, 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 6th day of September 2016.

N. UDAYAKUMAR,