[ 79 ]

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru T. SUDHAKAR,

Subdivisional Magistrate (North).

M.C. No. 03/2020, I.R.No. 01/2020 under section 144 of Cr.P.C.

ORDER

(UNDER SECTION 144 OF Cr.P.C.)

Thiru Thalapathy @ Sankar Ganesh (30),

S/o. Kaliamoorthy,

Quarters No. 12/2,

Pondicherry Engineering College,

Pillaichavady, Puducherry .

(No. 1-3, New Street, Pillaichavady, Puducherry)

Whereas, it has been submitted by the Station House Officer, Kalapet Police

Station, Puducherry, that you are involving in various offences against public

tranquility, offences affecting property and offences affecting human body and that

you have become a perennial source of threat to the community, public peace and order;

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La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - I

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EXTRAORDINAIRE

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29 {

No.

Poudouchéry

Mercredi

Janvier

2020 (9 Magha 1941)

No.

Puducherry

Wednesday

29th

January

2020

8 0

LA GAZETTE DE L’ETAT

[ PART-I

And whereas, I am convinced of your involvement in various criminal cases

as under–

1. Cr.No. 419/2018 under sections 147, 148, 341, 302 IPC and 3(i)(b) of

Explosive Act, 1908 of Auroville Police Station, Tamil Nadu.

2. Cr.No. 436/2018 under sections 341, 302, 109, 120 (b) IPC of Auroville

Police Station, Tamil Nadu – Pending Trial.

3. Cr.No. 76/2019 under sections 3(2)(a)(b), 4(1 )(2)(c), 5(d) of ITP Act, 1956,

dated 07-06-2019 of Orleanpet Police Station – Under Investigation.

And whereas, it is evident from the above cases that you have involved in

committing serious offences which would endanger the life of innocent public and

their peace and order. Your vengeful acts along with your accomplices against your

opponents have created panic in the minds of the people;

And whereas, the Station House Officer, Kalapet Police Station, Puducherry,

has filed a case against you through the Superintendent of Police (East),

Puducherry vide IR.No. 01/2020 under section 144 of Cr.P.C., dated 16-01-2020. It is

stated by the Station House Officer, Kalapet Police Station, that you have formed

a gang of rowdies and bent upon indulging in crime such as murder, hurt, assault,

obstructions, extortion, annoyance, damages to public and private properties and

disturbance to the public tranquility and order, and you have created panic in the

minds of local inhabitants and, the farmers and business community in the rural

limit. It is also stated that you have become a source of terror among the public.

As a result, the people of the locality being afraid of you and do not come forward

to lodge any complaint against you. It is also stated that even witnesses don’t

come forward voluntarily to give evidence against you in the cases where you

are the accused;

And whereas, it is also stated in the I.R that the Station House Officer has

received reliable information that you are desperate and is in dire need of money

to maintain your group of rowdy elements. It is also stated that you are hatching

plans to threaten the business people in the Puducherry area and extort money

from them by threatening, but, the public do not come forward to lodge any

complaint against you due to fear. It is further, stated that you also violated the

conditions imposed by the Criminal Courts and have scant respect to the Judiciary

and rule of Law and also earned displeasure among a section of other rowdy group

in the area on account of the grudge against you and hence, rival group is also

waiting opportunity to take revenge upon you;

And whereas, the Station House Officer, Kalapet Police Station, further

submitted that if, you are allowed to reside in Kalapet limits, it is apprehended that

you would continue to indulge in serious offences like assault, obstructions,

annoyance, etc., and thereby emerged as a perennial source of threat to the

community and disturb public peace and order. Hence, the Station House Officer,

Kalapet Police Station, has prayed to invoke provisions under section 144 of Cr.P.C.

against you not to enter into the jurisdiction of this Court for a period of two

months as to prevent danger to the human life and properties, and disturbance to

the public tranquility and order;

PART-I ]

LA GAZETTE DE L’ETAT

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 serious offences like hurt, assault, damages to public

and private properties, obstructions, annoyance, etc., 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, I am satisfied that you are an habitual offender, wherein, it

necessitates to maintain law and order and the given time constraint, serving of

notice to you as provided under the code could not be followed and that your

activities will endanger human life and properties and your presence is a threat to

public tranquility in my Subdivision. Therefore, an immediate action is required for

curtailing your illegal activities in the locality;

And whereas, in the view of urgency of matter this is ex parte;

Now, therefore, based on the reasons stated above, I, T. Sudhakar,

Subdivisional Magistrate (North), Puducherry, in exercise of powers conferred under

Code of Criminal Procedure, 1973 do hereby prohibit you under section 144(2) of

Cr. P.C. from entering into the region under the jurisdiction of Subdivisional

Magistrate Court (North), 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 Puducherry. However, you may appear either in

person or by Pleader before the undersigned to represent against this order.

At Puducherry, dated the 22nd day of January, 2020.

T. SUDHAKAR,

Subdivisional Magistrate (North).

————

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru T. SUDHAKAR,

Subdivisional Magistrate (North).

M.C. No. 04/2020, I.R.No. 01/2020 under section 144 of Cr.P.C.

ORDER

(UNDER SECTION 144 OF Cr.P.C.)

Thiru Bharath (27),

S/o. Subramanian,

No. 09, A-Block, Anthoniar Koil Street,

Govindasalai,

Puducherry.

Whereas, it has been submitted by the Station House Officer, Grand Bazaar

Police Station, Puducherry, that you are involving in various offences against public

tranquility, offences affecting property and offences affecting human body and that

you have become a perennial source of threat to the community, public peace and

order;

8 2

LA GAZETTE DE L’ETAT

[ PART-I

And whereas, I am convinced of your involvement in various criminal cases

as under–

1. Cr.No. 08/2006 under sections 324, 506(ii) IPC of Grand Bazaar Police

Station, Puducherry, dated 10-01-2006 – Acquitted.

2. Cr.No. 301/2007 under sections 147, 148, 323, 307 r/w 149 IPC of Grand

Bazaar Police Station, Puducherry, dated 10-07-2007 – Pending Trial.

3. Cr.No. 273/2009 under sections 147, 148, 323, 307 r/w 149 IPC of Grand

Bazaar Police Station, Puducherry, dated 01-05-2009 – Pending Trial.

4. Cr.No. 20/2010 under sections 324, 506(ii) IPC r/w 34 IPC of Grand Bazaar

Police Station, Puducherry, dated 30-01-2010 – Pending Trial.

5. Cr.No. 416/2010 under sections 307, 109 IPC r/w 34 IPC of Odiansalai

Police Station, Puducherry, dated 25-10-2010 – Pending Trial.

6. Cr.No. 234/2011 under sections 147, 148, 452, 302, 307, 109 IPC r/w 149

IPC of Mudaliarpet Police Station, Puducherry, dated 09-09-2011 –

Pending Trial.

7. Cr.No. 233/2012 under sections 399, 402 IPCof Grand Bazaar Police

Station, Puducherry, dated 22-07-2012 – Pending Trial.

8. Cr.No. 341/2012 under sections 294, 427, 506(ii) IPC, dated 15-12-2012 –

Pending Trial.

9. Cr.No. 113/13 under section 27 of Arms Act & 34 BIX of PP Act r/w 34

IPC of Lawspet Police Station, Puducherry, dated 11-07-2013 – Pending

Trial.

10. Cr.No.108/2019 under sections 427 IPC, dated 03-08-2019 of Grand

Bazaar Police Station, Puducherry – Pending Trial.

And whereas, it is evident from the above cases that you have involved in

committing serious offences which would endanger the life of innocent public and

their peace and order. Your vengeful acts along with your accomplices against your

opponents have created panic in the minds of the people;

And whereas, the Station House Officer, Grand Bazaar Police Station,

Puducherry, has filed a case against you through the Superintendent of Police

(East), Puducherry vide IR.No. 01/2020 under section 144 of Cr.P.C., dated

04-01-2020. It is stated by the Station House Officer, Grand Bazaar Police Station,

that you have formed a gang of rowdies and bent upon indulging in crime such as

murder, assault, intimidation, rioting, obstructions, annoyance, damages to public

and private properties and disturbance to the public tranquility and order, and you

have created panic in the minds of local inhabitants and, the farmers and business

community in the rural limit. It is also stated that you have become a source of

terror among the public. As a result, the people of the locality being afraid of you

and do not come forward to lodge any complaint against you. It is also stated that

even witnesses don’t come forward voluntarily to give evidence against you in

the cases where you are the accused;

And whereas, it is also stated in the I.R that the Station House Officer

have received reliable information that you are desperate and is in dire need of

money to maintain your group of rowdy elements and to meet expenses in connection

PART-I ]

LA GAZETTE DE L’ETAT

with the trail in the pending criminal cases against you. It is also stated that you

are hatching plans to threaten the business people in the Puducherry area and extort

money from them by threatening, but, the public do not come forward to lodge any

complaint against you due to fear. It is further, stated that you are involving in

various offences by using aruval, knife to attack the victims and also earned

displeasure among a section of other rowdy group in the area on account of the

grudge against you and hence, rival group is also waiting opportunity to take

revenge upon you;

And whereas, the Station House Officer, Grand Bazaar Police Station,

further submitted that if, you are allowed to reside in Grand Bazaar limits, it is

apprehended that you would continue to indulge in serious offences like assault,

obstructions, annoyance, etc., and thereby emerged as a perennial source of threat

to the community and disturb public peace and order. Hence, the Station House

Officer, Grand Bazaar Police Station, has prayed to invoke provisions under section

144 of Cr.P.C. against you not to enter into the jurisdiction of this Court for a period

of two months as to prevent danger to the human life and properties and

disturbance to the public tranquility and order;

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 serious offences like murder, extortion, damages to

public and private properties, assault, obstructions, annoyance, etc., 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