IN THE COURT OF SUBDIVISIONAL MAGISTRATE AT KARAIKAL
M.C. No. 256/2019, I.R. No. 54/2019 of the
T.R. Pattinam Police Station, dated 08-04-2019.
Endt: 3363/DCK/A3/2019 of the
Collector-cum-District Magistrate, dated 22-04-2019
Station House Officer,
. .
Petitioner
T.R.Pattinam Police Station.
Vive @ Vickraman,
. .
Counter Petitioner
S/o. Jaganathan @ Dhanabal,
No. 254, 5th Cross,
No. 132, Mariamman Koil Street,
Nethaji Nagar,
Polagam, T.R.Pattinam.
Karaikal.
Prohibitory Orders Under Section 144 (i), (ii) and (iii) of Cr.PC.
Whereas, one F.I.R was filed by the Station House Officer, T.R.Pattinam
Police Station vide I.R. No. 54/2019 under section144 (i), (ii) and (iii) Cr.PC. in the
Court of District Magistrate-cum-Collector, Karaikal and hence, forwarded to this
Court vide Endorsement No. 3363/DCK/A3/2019, special report filed by the Station
House Officer to describe the information laid under section 144 of Cr.PC. goes on
[1951]
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19 {
No.
136
Poudouchéry
Lundi
19
Août
2019 (28 Sravana 1941)
No.
Puducherry
Monday
19th
August
2019
1952
LA GAZETTE DE L’ETAT
[ PART-I
1952
to narrate the criminal activities of the accused namely, Vive @ Vickraman, who has
been reportedly indulging in serious offences like organized murders, extortion, hurt,
criminal intimidation and thereby became a perennial source of threat to the
community and disturbance to the public tranquility.
2. Whereas, the information laid by the Station House Officer, T.R.Pattinam
Police Station, Karaikal, under section 144 of Cr.PC. has listed out the record of
previous cases registered against the accused as detailed below:-
(i) Cr.No. 322/15 under sections 147, 148, 341, 342 and 294(b), 506(II), 302
r/w 3(1) of PPDT Act of Sirkali Police Station, dated 26-04-2015.
The counter petitioner along with Ezhilarasi had hired the hooligans
for committing the murder as revenge for the murder of her husband that
the counter petitioner along with Ezhilarasi’s brother Murugavel, her
brother’s son Raj @ Rajagopal, Sethappa and others (hooligans of
Chennai) had committed murder of one Vinotha, w/o. Ramu @
Radhakrishnan. During the course of investigation, the counter petitioner
and others were arrested. This case was charge sheeted on 15-07-2015.
This case is pending trial.
(ii) Cr.No. 01/2017 under sections 147, 148, 332, 395, 307, 448, 302, 120(b),
427 IPC r/w 149 IPC and 3 and 4 of Explosive Substances Act, 1908 of Neravy Police
Station, Karaikal.
The counter petitioner has played vital role to hire the hooligans from
Trichy for committing the murder as revenge for the murder of Ezhilarasi’s
husband Ramu @ Radhakrishnan that some unknown culprits about 7
members had joined together formed themselves into an unlawful
assembly, armed with deadly weapons and country made bombs in
prosecution of common object hurled the country made bomb at front
mirror of the car bearing Registration No. PY-02-P-6789 extorted the
carbine gun from the complainant who is the gunman of the deceased
and criminally trespassed into the construction site and assaulted the
deceased Ex-MLA Thiru VMC Sivakumar by using lethal weapons by
causing cut injuries on his body and head, and thereby committed
murder of him due to previous enmity. During the course of investigation,
the counter petitioner and others were arrested. The case was charge
sheeted on 02-05-2018 vide charge sheet No. 28/2018, PRC No. 22/2018
and pending trial before the Hon’ble District Session’s Court, Karaikal.
(iii) Cr.No. 266/11 under sections 147, 148, 307, 324, 323, 354 and 506(II) r/w
149 IPC, dated 07-08-2011 of Town Police Station, Karaikal.
The counter petitioner along with Ezhilarasi and her husband Ramu @
Radhakrishnan, Suresh, Babu, Kandipan and Tahmizh had in prosecution
of their common object formed themselves into an unlawful assembly
assaulted the complainant Vinotha w/o. Ramu @ Radhakrishnan
following which, on 07-08-2011 at 23.456 hrs, a complaint was registered.
During the course of investigation, the counter petitioner and other
accused concerned in this case were arrested. This case was charge
sheeted on 31-12-2012 vide charge sheet No. 216/2011 vide SC No. 03/
2016 and the case was ended in Acquittal under section 235 (1) Cr.PC.,
dated 02-08-2018 by the Hon’ble District Session’s Court, Karaikal.
PART-I ]
LA GAZETTE DE L’ETAT
1953
(iv) Cr.No. 02/2017 under sections 336, 427 r/w 34 IPC and 3 and 4 of
Explosive Substances Act, 1908, dated 03-01-2017 of T.R.Pattinam, Karaikal.
Two unknown male persons have in furtherance of their common
intention so as to endanger the life and personal safety of the people had
hurled country made bombs at the gate of the Ganesh Bar at Polagam,
T.R.Pattinam and thereby caused damages to the bar. During the course
of investigation, the counter petitioner was arrested as he had
associated along with the other accused involved in this case to hurled
country made bomb after the completion of murder of VMC Sivakumar on
03-01-2017 at 13.15 hours. The accused Ezhilarasi and her associates were
arrested and they were released on bail by the Hon’ble Court. The case
was charge sheeted on 18-10-2017 vide charge sheet No. 18/2017, PRC
No. 6/2017 and pending trail before the Hon’ble Court, Karaikal.
(v) Cr.No. 104/2011, under sections 147, 448, 323 and 506 IPC r/w 149
IPC, dated 07-07-2011 of T.R.Pattinam Police Station, Karaikal.
The counter petitioner along with other accused persons namely,
Suresh, Kandipan, Babu have in prosecution of their common object
formed themselves into an unlawful assembly criminally trespassed into
the house of the complainant Vinotha, w/o. Ramu @ Radhakrishnan of
T.R. Pattinam, Karaikal, assaulted her by their hands and also threatened
her on 07-07-2011 at 15.45 hours. During the course of investigation, the
counter petitioner was arrested in this case. Later, this case was charged
on 19-07-2011 vide CC. No. 921/2011 and is pending trial before the
Hon’ble JM-II Court, Karaikal.
(vi) On 30-06-2017 a case under section 3 (2) of the Puducherry
Prevention of Anti-Social Activities Act, 2008 was registered against the counter
petitioner and his gang leader Ezhilarasi @ Meera and hence, the District Magistrate,
Karaikal, had issued a detention order vide No. 6051/DM/RO/D2/PPASAA/2017,
dated 06-07-2017 under the provisions of Puducherry Prevention of Anti-Social
Activities Act, 2008 (Act No. 10 of 2010), following which the counter petitioner was
detained under the provisions of the said Act, as there was serious apprehension
of danger to the life and property of the citizens and disturbance to the public peace
and order. The counter petitioner had hired three different hooligan groups from
Tamil Nadu for committing the above three murders. He had also planned to commit
murder of the other accused persons who are involved in the commission of
Ezhilarasi's second husband namely, Ramu @ Radhakrishnan’s murder.
Other Cases of Criminal Conspiracy, Hurt and Criminal Tresspass
(vii) Cr.No. 21/2018 under section 120(B) r/w 34. IPC and 27(1) of Arms
Act, 1959 @ 1230(B) 150, 212 @ 212, 115150, 120(B), 148, r/w. l49(342) IPC-2 counts
and 27(l) of Arms Act. 1959 of D.Nagar Police Station, Puducherry.
(viii) Cr.No. 73/2009 under sections 147, 148, 341, 323, 324, r/w 149 IPC,
dated 15-05-2009 of the T.R.Pattinam Police Station, Karaikal – a hurt case filed
based on complaint filed by one N S K Kabilan of T.R.Pattinam, Karaikal – charge
sheeted and case acquitted.
1954
LA GAZETTE DE L’ETAT
[ PART-I
1954
(ix) Cr.No. 172/2012 under sections 448, 294, 506(ii) IPC of the
T.R.Pattinam Police Station – a Tresspassing case threat on dire consequences of
life, abuse with filthy language – case filed based on complaint filed by one Vinodha,
w/o. Ramu @ Radha Krishnan – charge sheeted and case under trail in the Hon’ble
Court of JM-II, Karaikal.
3. The petitioner being the Station House Officer of T.R.Pattinam Police
Station, Karaikal, has submitted that the counter petitioner has formed a gang of
rowdies and is bent upon indulging in criminal activities such as murders, extortion,
hurt, criminal intimidation, Arms Act violation and disturbance to the public
tranquility and order which have created panic in the minds of local inhabitants and
the business community living under the jurisdiction of the T.R Pattinam Police
Station limit. He is associated with the criminal activities of one Ezhilarasi who in
turn is operating in T.R.Pattinam and Neravy adjoining areas and has become a
source of terror among the public. The general public of the above localities are
afraid of them and they do not come forward to lodge complaint against the counter
petitioner due to fear of retaliation and revenge. The prosecution witnesses are
having fear to depose evidence against him and hence, they do not volunteer.
4. The petitioner further submitted that the counter petitioner had
invariably used deadly weapons in commission of the above crimes, thereby, the
general public were affected at large and spent sleepless nights in panic and fear
of death, extortion and hurt. The petitioner further submits that the counter
petitioner is a close associate of the gang leader Ezhilarasi and leads a team by
hiring criminals from the neighboring State i.e., Tamil Nadu to commit grave
offences. In general, the public fear of their life posed by this anti-social element
along with his associates. Taking advantage of fears of public, the counter
petitioner is going ahead in his unlawful acts which are detrimental to the public
peace and tranquility which are likely to create panic and sense of insecurity in the
society.
5. The petitioner further submitted that the Police Intelligence reveals that
counter petitioner has planned to extort money from merchants, selected targets of
people to have accumulated money through illegal means with the aid of her active
associates which needs to be clinched out at the very beginning itself.
6. Whereas, the counter petitioner has been reported as a notorious
criminal who does not bother on discipline and morale of society, ignorant of the
Police warnings and he is reportedly heading a gang of hooligans to move around
in the view of public to inflict fear in minds of general public, merchants and people
of business class and others. He moves around with his henchmen as a gang leader.
It has been reported by the Station House Officer, T.R Pattinam Police Station,
Karaikal, that the counter petitioner has planned to eliminate the alleged
conspirators involved in the commission of murder of Ezhilarasi’s husband and also
who have been listed to have assisted the assailants namely, Govindaraj and
Maheshwaran of Karaikal to escape after the murder of Ezhilarasi’s husband namely,
Ramu @ Radhakrishnan. In conclusion, the Station House Officer, T.R Pattinam
Police Station, Karaikal, being the petitioner has submitted that the counter
petitioner is a hard core criminal and detrimental to the peace and tranquility of
public life and the security of the public is at stake due to his notorious criminal
activities. He along with his active associates are waiting to extort money from
people of rich wealth and business community by inflicting fear of threat to their
life so as to accumulate amazing wealth to fund his heinous act.
PART-I ]
LA GAZETTE DE L’ETAT
1955
7. Whereas, the counter petitioner was summoned to appear in this Court
on 20-05-2019 at 3.30 p.m. to answer to the charges under sections 144 (i) and (ii)
Cr.PC vide summons served under M.C. No. 256/2019, dated 14-05-2019. While the
counter petitioner was called absent and the petitioner appeared to state that
summons could not be served to the counter petitioner at the residential address
as specified in I.R. No. 54/2019 and he was not found in such an address. The
petitioner however, continued to depose before this Court on the contents of
information laid under section 144 (i) and (ii) of Cr.PC. on 07-06-2019 stated as to
have served summons of this Court in M.C.No. 256/2019, dated 14-05-2019 to one
G. Selladurai, s/o. Govindhasamy, who works as private Security Guard at the
reportedly transit residential house of the counter petitioner known as No. 254,
5th Cross, Nethaji Nagar, Karaikal under the Neravy Police Station limits at the
residential house of the counter petitioner on 27-06-2019 and obtained the
acknowledgments. While the Counter Petitioner was called absent on the day of
enquiry by this Court on 07-06-2019 also.
8. Whereas, in my opinion, it has been made to appear to this Court that
there were sufficient grounds for proceeding against the counter petitioner under
section 144 (i) (ii) and (iii) of Cr.PC. Hence, the counter petitioner Vive @
Vickraman, s/o. Jaganathan @ Dhanabal was directed to appear in person before this
Court on 19-07-2019 at 3.30 p.m. to show cause as to why he should not be ordered
not to enter the entire region of Karaikal District with immediate effect which is
under the jurisdiction of this Court for a period of 2 (two) months except on the days
he is summoned by any other Hon’ble Court of Law at Karaikal.
9. Whereas, the counter petitioner appeared in this Court along with his
Counsel on 19-07-2019, while the learned Counsel appearing for the counter
petitioner argued on this point that the counter petitioner could not be prohibited
from entering Karaikal District as himself usually resides in a place of residence
within the Karaikal District and also prayed for time while filing the counter affidavit
on 24-07-2019.The Station House Officer in turn refuted the version of argument that
the counter petitioner himself is facing life threat since, he has involved himself in
murder cases as one among the accused within the jurisdiction of Karaikal District
on the other hand the counter petitioner also has been identified as a potential life
threat to those members of rival gangs victimised by his dreaded criminal activities.
Hence, it appears to this Court that there is an intense gang rivalry which could lead
to cognizable offences that would certainly thwart maintenance of law and order,
public peace and tranquility in the Karaikal District, since, the counter petitioner is
reportedly operative along with his supporters in and around the area covered within
the jurisdiction of this Court.
10. Whereas, counter affidavit and objections respectively, filed by the
Counsel for the counter petitioner and also by the Station House Officer,
T.R.Pattinam Police Station, Karaikal were received by this Court on 29-07-2019 and
02-08-2019 and were examined in detail. Contention assorted by the counter
petitioner to question the provisions revoked by this Court under sections 144 (i),
(ii) and (iii) of Cr.PC. which are reportedly contrary to the fundamental rights granted
by the Article 14 of the constitution of India were not acceptable to this Court,
while the objections filed by the Station House Officer, T.R.Pattinam Police Station,
Karaikal, stands to refute all the averments of the counter petitioner that he has no
valid legal immunity to defend the invoking the provisions of 144 (i), (ii) and (iii) of
1956
LA GAZETTE DE L’ETAT
[ PART-I
1956
Cr.PC against him. This Court adopts such a view as clearly established by the
Section 144 (i) of the Cr.PC. that a Magistrate can act in derogation of private civil
right when such rights conflict with other rights of the public or tend to endanger
the public peace and tranquility. The very purpose of Section 144 Cr.PC. is to give
such direction that may be necessary to uphold public order and tranquility. Hence,
the argument of the learned Counsel for the counter petitioner that the counter
petitioner’s civil right is violated cannot be the grounds for non-application of
section 144 of Cr.PC. Even fundamental rights are subject to reasonable restrictions
such as on the basis of the interests of the general public. In this case, the rights
of the general public to public order and safety take precedence over a private civil
right.
11. Therefore, this Court reviewed the prayer by the petitioner, who has
submitted to this Court that the counter petitioner may be ordered not to enter into
Karaikal District for a period of 2 (two) months in order to prevent the danger to the
human life and properties and disturbance to the public tranquility and order in
jurisdiction of the Hon’ble District Magistrate, Karaikal by invoking the provisions
under sections 144 (i), (ii) and (iii) of Cr.PC. except on the days he is summoned by
any other Hon’ble Court of Law at Karaikal.
12. Whereas, I am satisfied that based on the information placed before me
and other facts which are brought out through enquiry report placed by the Station
House Officer, T.R.Pattinam Police Station, Karaikal that if, the counter petitioner is
allowed to move free handedly within the jurisdiction of Karaikal District, then his
free movement would cause fear and apprehension in the minds of general public
which would also severely affect the public tranquility, good order, common peace
in the area of living with in the jurisdiction of T.R.Pattinam Police Station and also
with in the entire jurisdiction of this Court in Karaikal District.
13. Hence, I, M. Adharsh, Subdivisional Magistrate, Karaikal, after going
through the information laid before me and also after satisfying myself of the need
for prohibition of certain activities of the counter petitioner, doth hereby pass
Prohibitory Orders to the Counter Petitioner, Vive @Vickraman, s/o. Jaganathan @
Dhanabal under section 144 (i), (ii) and (iii) of Cr.PC. to restrain him not to enter into
the entire region of Karaikal District which is under the jurisdiction of this Court,
for a period of 2 (two) months (or) 60 (sixty) days with effect from the date of issue
this order (or) till any further order passed by the competent authority revoking this
prohibitory order as per law whichever is earlier, except for the days he is summoned
by any other Hon’ble Courts of Law at Karaikal District.
Dated, this 14th day of August 2019.
M. ADHARSH,
Subdivisional Magistrate, Karaikal.
————
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