[137]
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE, MAHE
Present : S. MANICKADEEPAN ,
Subdivisional Magistrate, Mahe.
M.C. No. 10/2018, u/s 144 of Cr. P.C.
ORDER UNDER SECTION 144 of Cr. P.C.
To
T.K. Rajeesh,
Counter Petitioner
S/o. Velayudhan,
C/o. Roshith.K.P.,
Lakshmi Nivas,
P.O.Pandakkal.
Whereas, the Station House Officer, Palloor Police Station, has laid
information that the Counter Petitioner is a permanent resident of Karayintavida
House, Pathayakunu, P.O.Kathiroor, Kannur which is under Kathiroor Police Station
limit of Kannur District in Kerala. He is the convict No. 705/17 of Central Prison
Kannur in Cr.No. 433/12 under sections 143, 148, 147, 302, 149, 109, 118, 201, 212,
465 and 471 r/w 34 r/w 120 B IPC and S.3, 4 of Explosive Substance Act of Vadakara
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5 {
No.
25
Poudouchéry
Lundi
5
Mars
2018 (14 Phalguna 1939)
No.
Puducherry
Monday
5th
March
2018
138
LA GAZETTE DE L’ETAT
[ PART-I
138
Police Station. This was one of the most sensational political murder case. Counter
Petitioner is a worker of CPI (M) Party. He is a life convict in the above-mentioned
case. Apart from that two more prisoners of the same case are under parole and
one of the prisoner namely, Kirmani Manoj is residing in the Pandakkal Village itself.
The Petitioner has also stated that the Counter Petitioner was released on parole
on the evening of 11-2-2018 and the letter in this regard received from the Central
Prison, Kannur only on 14-2-2018. In normal circumstance before granting parole
to life convict political prisoners law and order situation report was taken from the
concerned Police Station limit. The Counter Petitioner is not a resident or native of
Pallor Police jurisdiction or under the jurisdiction of this Court.
The Station House Officer has informed that Thiru T.K. Rajeesh is residing
in the Pandakkal Village created panic in the minds of local inhabitants of the area.
Apart from that there is a chance for disturbing law and order situation as again a
political murder occurred on 12-2-2018 at Kannur. Further, a case in Cr.No. 09/18
under sections 341, 294(b), 323 and 506 (i) r/w 34 IPC, dated 4-2-2018 was registered
at Pallor Police Station due to political enmity among CPI(M) and BJP cadres. There
is also stated that if, the Counter Petitioner is allowed in Pallor limit, it is
apprehended that he will conspsire, other political criminals to indulge in serious
offences like assault,murder, explodes country made bombs, criminal intimidation,
obstructions, annoyance, etc., and thereby become a perennial source of threat to
the community and disturb public peace and order.
And whereas, I am convicnced of your involvement in various criminal
cases and creats panic in the minds of local inhabitants of the area and your
vengeful acts along with your accomplicies against your opponents has created
painc in the minds of the people.
And whereas, the Station House Officer, Mahe Police Station, has filed a
case against you vide FIR No. 05/2018 under section 144 of Cr.P.C., dated 6-2-2018
that you have involved many heinous crimes and habitually involving in criminal
activities with intent to endanger the human life and property 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 two
months as to prevent danger to the human life and properties and disturbance to
the public tranquillity and order.
And whereas, it is brought to the notice of the undersigned that you and
your accomplices are likely to induldge in unlawful actitities,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 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. should be invoked to take action against you to prevent
harm to life and properties of citizen and uphold public peace and order.
PART-I ]
LA GAZETTE DE L’ETAT
139
And whereas, while you were summoned to this Court on 20-2-2018 at
3.30 p.m. to enquire on the cases registered on you but, you are not present for
the hearing and hence, this order is passed ex parte.
And whereas, based on the information laid before me, I am satisfied that
there are sufficient grounds for proceeding against you under sections 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 19th February 2018.
S. MANICKADEEPAN,
Subdivisional Magistrate, Mahe.
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