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La Gazette de L' État de Poudouchéry The Gazette of Puducherry
PART - I
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No. 54 Poudouchéry Mardi 2 Mai 2017 (12 Vaisakha 1939)
No. Puducherry Tuesday 2nd May 2017
IN THE COURT OF SUBDIVISIONAL MAGISTRATE, MAHE
Present : Thiru S.MANICKADEEPAN ,
Subdivisional Magistrate, Mahe.
M.C. No. 151/2017, u/s 144 of Cr. P.C.
ORDER UNDER SECTION 144 of Cr. P.C.
To
Simil. K.P. (28),
Counter Petitioner S/o. Kumaran @ Valsan,
Kunhiparambath House,
Chalakkara, P.O. New Mahe.
The Station House Officer, Palloor Police Station has laid down information that the Counter Petitioner, Simil. K.P (28), is a resident of Chalakkara which comes under the limit of Palloor Police Station, and habitually involving in criminal activities in the Palloor Police Station Limit.
[ 511]LA GAZETTE DE L'ETAT [ PART-I 512 512 The counter petitioner has been indulging in crimes and disturbance to the public tranquility which have created panic in the minds of local inhabitants.
The counter petitioner has involved in the following cases of Palloor Police Station as reported by the Station House Officer.
And whereas, I am convinced of your involvement in various criminal cases under (l) Cr.No. 214/2005 under sections 341,323 IPC r/w 34 IPC, (2) Cr.No. 10/2006 under sections 341, 323 IPC r/w 34 IPC, (3) Cr.No. 20/2006 under sections 341, 323 IPC r/w 34 IPC, (4) Cr.No. 25/2006 under sections 341, 323 IPC r/w 34 IPC, (5) Cr.No. 132/2006 under section 34(D) (1) of PP Act, (6) Cr.No. 71/2008 under section 380 IPC r/w 34 IPC (7) Cr.No. 96/2016 under sections 341,323, IPC r/w 34 IPC, (8) Cr.No. 121/16 under sections 143, 109 IPC 7 r/w 25 IA of Arms Act 1959, 5 of Explosive Substance Act, 1908 r/w 149 IPC (9) Cr.No. 122/16 under sections 143, 147, 148, 435, 109 IPC and 3 of Explosive Substance Act 1908 r/w 149 IPC (10) Cr.No. 123/16 under sections 143, 147, 148, 435, IPC and 3 of Explosive Substance Act 1908 r/w 149 IPC of Palloor Police Station, Palloor and your vengeful acts alongwith your accomplices against your opponents has created panic in the minds of the people.
And whereas, the Station House Officer, Palloor Police Station has filed a case against you vide FIR No. 27/2017 under section 144 of Cr.P.C., dated 27-3-2017 that you have involved many heinous crimes and habitually involving in criminal activities with intent to endanger the human life and property in the Palloor Police Station limit and stated that your are a rowdy element and is being watched by the Police unobstructively in the interest of the public order.
And whereas, the Station House Officer, Palloor Police Station has prayed to invoke provisions under section 144 (i), (ii) and (iii) of Cr.P.C. against you, not to enter into the jurisdiction of Subdivisional Magistrate Court for a period of six 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 induldge in unlawful activities, obstruction and disturbance of peace and tranquility causing damage to life and propeprty 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 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, while you were summoned to this Court on 10-4-2017 and 18-4-2017 at 3.30 p.m. and enquired on the cases registered on you in Palloor Police Station, your depositions could not prove your innocence as you pleaded before this Court.
PART-I ] LA GAZETTE DE L'ETAT 513And whereas, based on the information laid before me and as a precautionary measure, I am satisfied that there are sufficient grounds for proceeding against you under section 144 (i), (ii) and (iii) of Cr.P.C.
Now, therefore, based on the reasons stated above. I, S. Manickadeepan, Subdivisional Magistrate, Mahe, 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 receipt 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 Mahe.
At Mahe, dated 18th April 2017.
S. MANICKADEEPAN,
Subdivisional Magistrate (Mahe).
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