[147 ]

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE, MAHE

Present : Shri AMAN SHARMA, Subdivisional Magistrate, Mahe.

M.C. No. 06/2019, under section 144 of Cr.P.C./1768

ORDER

(Under Section 144 of Cr.P.C.)

To

Saneesh @ Ezhilarasan.C.K. (28),

Counter Petitioner

S/o. Gopalan (late),

Puthan Puriyil House,

P.O.Paral, Chembra, Mahe.

Whereas, the Station House Officer, Palloor Police Station, has laid information

against you in IR. No. 04/2019 under section 144 Cr.P.C. alleging that the Counter

Petitioner is a native of Chembra and an active worker of BJP/RSS in Chembra and

East Palloor area. He is a habitual offender and he is committing criminal activities

with malicious intent to endanger the human life and property in Palloor Police

Station Limit. He has involved in nine criminal cases in Palloor Police Station limit

including one murder case, two attempt murder case. His activities are being closely

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25 {

No.

28

Poudouchéry

Lundi

25

Février

2019 (6 Phalguna 1940)

No.

Puducherry

Monday

25th

February

2019

148

LA GAZETTE DE L’ETAT

[ PART-I

148

watched by the Police unobtrusively in the interest of public order. Public of the

locality are afraid of him and they do not come forward to lodge any complaint due

to fear of retaliation. The witnesses are having fear to give evidence against him

and hence, they do not volunteer to give evidence in the cases in which he is an

accused. As such, the cases against him are ending in acquittal for want of evidence.

The Counter Petitioner was involved in the following cases:

1. Cr.No. 26/06 under sections 341, 323, IPC r/w 34 IPC : Compounded.

2. Cr.No. 01/11 under sections 341, 323 IPC r/w 34 IPC - Acquitted.

3. Cr.No. 13/11 under section 286 IPC r/w 34 IPC - Convicted.

4. Cr.No. 27/13 under sections 341, 323 IPC r/w 149 IPC - Compounded.

5. Cr.No. 65/13 under sections 147, 148, 452, 306 IPC r/w 149 IPC -

Acquitted.

6. Cr.No. 40/14 under section 427 IPC - Compounded.

7. Cr.No. 52/16 under sections 147, 148, 341, 323, 324, 379, 506 (ii) IPC r/w

149 IPC - Pending Trial.

8. Cr.No. 50/16 under sections 147, 148, 341, 323, 324, 427, 506 (ii) IPC r/w

149 IPC : Pending Trial.

9. Cr.No. 32/18 under sections 147, 148, 341, 302, 120 (b), 212, 109 IPC r/w

149 IPC of Palloor Police Station.

The Petitioner further stated that on 07-05-2018 at about 21.15 hrs. at Palloor

Vayalnada Road, in front of the consulting room at Baskaran Karayi’s residence,

the Counter Petitioner noted above along with seven other associates in

prosecution of their common object formed themselves into an unlawful assembly

with deadly weapons viz., sword, koduvals, etc., way laid one K.P. Dinesh Babu @

Kannipoyil Babu, a local leader of CPI(M) party, hacked him with lethal weapons

over his head,neck and stomach, causing multiple grievous injurious and thereby

murdered him due to political rivalry.

Following the murder of K.P. Dinesh Babu @ Kannipoyil Babu at Palloor

on 07-05-2018 at about 21.45 hrs. one RSS worker namely, Shamej. P of Peringadi

was hacked to death by some CPI(M) workers at Kallayi Road, New Mahe within

half an hour of the incident to settle scores. There have been secret inputs that

the CPI (M) cadres are not satisfied with the murder of Shamej and they are likely

to target the persons including the Counter Petitioner, who have involved in the

murder of Kannipoyil Babu. Further, there is information that the rival groups of

BJP/RSS workers are also preparing retaliate if any of their cadre is attacked.

The Counter Petitioner obtained bail order from the Hon’ble PDSJ Court,

Puducherry, with a condition to appear before the Hon’ble JM Court, Yanam twice

in a day at 10.00 a.m. and 5.00 p.m. on all working days until further orders.

The bail condition imposed on the Counter Petitioner has been modified by the

Hon’ble PDSJ Court, Puducherry and the Counter Petitioner has returned to his

native place.

In order to prevent imminent danger to the life and properties of the pubic,

orders under section 144 Cr.P.C was invoked against the Counter Petitioner in

MC No. 41/2018/636, prohibiting him from entering into the region under the control

of this Hon’be Court for a period of two months from 31-10-2018. On 28-11-2018 at

16.30 hrs. the Counter Petitioner violated the Hon’ble Court order by standing at

the bus stop of Hassan Haji memorial bus shelter and the beat Police personnel

PART-I ]

LA GAZETTE DE L’ETAT

149

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arrested him and based on the special report, a case in Cr.No. 96/18 under section

188 IPC, dated 28-11-2018 was registered and the Counter Petitioner was produced

before the Hon'ble JM Court, Mahe and the Hon’ble JM Court, Mahe remanded

him to judicial custody. Subsequently, the accused person was granted bail with a

condition to sign daily at 10.00 a.m. and 5.00 p.m. at Orleanpet, Puducherry until

further order. On 02-01-2019, the bail condition imposed on the Counter Petitioner

fully relaxed by the Hon’ble JM Court, Mahe.

The Petitioner has stated that if, the Counter Petitioner is allowed in Palloor

limit, it is apprehended that he will conspire with 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. There is strong

apprehension that rival political cadres may target on his life to wreak vengeance.

Such situation cannot be handled effectively by taking recourse to usual procedures

contemplated by law and hence, it is necessary that special provisions under

section 144 Cr.P.C. is invoked to take action against the Counter Petitioner to

prevent imminent danger to the life and properties of the citizens and uphold public

peace and order.

And whereas, you were summoned to this Court on 29-01-2019, 05-02-2019,

13-02-2019 at 3.30 p.m. and the petitioner stated that the Counter Petitioner is

habitual offender and recently involved in sensational murder case. During last

144 Cr.P.C. orders passed against him, he violated the orders for which FIR has

already been registered against him. The Counter Petitioner represented by the

Counsel stated that as the Counter Petitioner was staying close to Palloor Police

Station limit and the case was wrongly registered by Palloor Police.

And whereas, based on the information laid before me, I am satisfied that

there are sufficient grounds for proceeding against you under section 144 (1) & (3)

of Cr.P.C.

Now, therefore, based on the reasons stated above, I, Aman Sharma,

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 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 13th February 2019.

AMAN SHARMA,

Subdivisional Magistrate, Mahe.

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