[ 511]
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.
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2 {
No.
54
Poudouchéry
Mardi
2
Mai
2017 (12 Vaisakha 1939)
No.
Puducherry
Tuesday
2nd
May
2017
512
LA GAZETTE DE L’ETAT
[ PART-I
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
513
online publication at “http://styandptg.puducherry.gov.in”
Government Central Press
Directorate of Stationery and Printing
Puducherry - 605 009
And 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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