[ 645 ]
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE
KARAIKAL
Present : Thiru M. ADHARSH,
Subdivisional Magistrate, Karaikal.
M.C. No. 19/2020, I.R. No. 01/2020 of the
T.R. Pattinam Police Station, dated 04-03-2020
Station House Officer,
. . Petitioner
T.R. Pattinam Police Station, Karaikal.
Bala @ Pulsar Bala @ Balamurugan,
. . Counter Petitioner
S/o. Chandirasekar,
No. 34, Mariamman Koil Street,
Polagam, T.R. Pattinam, Karaikal.
PROHIBITORY ORDER
(UNDER SECTION 144(i) (ii) & (iii) of Cr.P.C.)
Whereas, one special report was filed by the Station House Officer,
T.R. Pattinam Police Station, Karaikal vide I.R. No. 01/2020 under sections 144, 41,
110, 133, 145 and 151 of Cr.PC in this Court. The report filed by the Station House
Officer, T.R. Pattinam Police Station, goes on to describe the criminal activities of
Registered with the Registrar
of Newspapers for India under
No. 10410
La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - I
EXTRAORDINAIRE
EXTRAORDINARY
Publiée par
Published by
Autorité
Authority
` 3-00
Prix : ` 3-00
Price : ` 3-00
Registered No. PY/44/2018-20
WPP No. TN/PMG(CCR)/WPP-88/2018-20
Dated : 20-8-2019
Price : ` 3-00
2020 }
|
20 {
No.
119 Poudouchéry
Jeudi
20
Août
2020 (29 Sravana 1942)
No.
Puducherry
Thursday
20th
August
2020
646
LA GAZETTE DE L’ETAT
[ PART-I
646
the accused namely, Bala @ Pulsar @ Balamurugan who has been reportedly
indulging in serious offences like, extortion, hurt, criminal intimidation and thereby
became a perennial source of threat to the community and disturbance to the public
tranquility;
2. The Petitioner has submitted that the Counter Petitioner is a permanent
resident of Polagam, T.R. Pattinam, Karaikal, which comes under the territorial
jurisdiction of this authority. The counter petitioner is reported to have been a very
dangerous criminal, habitually involving in body and property offences punishable
under the Chapters of Indian Penal Code as applicable. The counter petitioner is
reported to have nexus with hooligans of Tamil Nadu areas such as Chennai, Trichy,
Thiruvarur, Tanjavur, Kancheepuram, etc., The counter petitioner Bala @
Balamurugan, though involved in crimes like dacoity, hurt, etc., most of the victims
being scared of him who had not preferred complaint with the Police. However,
some of them lodged a few complaints against his notorious activities which were
registered and investigated. The counter petitioner is stated to be a strong and
reliable source of support for the lady gangster Ezhilarasi @ Meera, being a murder
accused and also one Vivie @ Vikraman of T.R. Pattinam. She is being guarded
and guided by this counter petitioner. This counter petitioner had invariably used
deadly weapons in commission of the crimes as listed in the enclosure to this Order
due to which the general public were affected at large.
3. Whereas, the information laid by the Station House Officer, T.R. Pattinam
Police Station under section 144 Cr.PC who has listed out the record of previous
cases registered against the Counter petitioner as detailed in the special report filed
by the Station House Officer, T.R. Pattinam Police Station, vide I.R. No. 01/2020
under sections 144, 41, 110, 133, 145 and 151 of Cr.PC.
4. Whereas, the petitioner further submits that in view of the above reason,
the counter petitioner Bala @ Pulsar Baia @ Balamurugan has become dangerous
element to the society. The counter petitioner has been reported to be continuing
his criminal activities in Karaikal region with aid and support of his associate, Ezhil
@ Ezhilarasi @ Meera who is second wife of deceased Ramu @ Radhakrishnan
who was hacked to death by a gang of hired killers.
5. Whereas, according to the petitioner, it is necessary to keep counter
petitioner under preventive and prohibitory orders so as to curtail his criminal
activities and to ensure Safety and security to the community and maintenance of
public orders under the provision of section 144 of Cr.P.C which is preventive.
Hence, the Station House Officer had registered a case in IR. No. 01/2020 under
section 144 of Cr.P.C on 04-03-2020 at 19.30 hrs. and praying before this Court
that the counter petitioner may be ordered not to enter in Karaikal region for a
period of six months excepts on days when he is summoned to attend the cases by
the Hon’ble Court, Karaikal, so as to prevent danger to the human life and properties
and disturbance to the public tranquility and order in the karaikal region by invoking
the provovision under section 144 (i), (ii) & (iii) of Cr.P.C.
6. Therefore, the Petitioner prayed that the counter petitioner may be
ordered not to enter into the Karaikal District for a period of six months so as to
prevent danger to the human life and properties and disturbance to the public
tranquillity and good order in the jurisdiction of this Subdivisional Magistrate,
Karaikal, by invoking the provisions under section 144 (i), (ii) & (iii) of Cr.P.C.,
except on the days he is summoned by any Court of Law.
PART-I ]
LA GAZETTE DE L’ETAT
647
7. Whereas, the counter petitioner was summoned to appear in this Court
on 18-03-2020 at 3.30 p.m. to answer to the charges under section 144 Cr.PC. vide
summons served under M.C. No. 19/2020, dated 09-03-2020. While the counter
petitioner and the petitioner appeared to depose on their versions to justify their
claims that the counter petitioner has filed his objections over the points of
allegations as levelled against him by the petitioner that all grounds of allegations
are fabricated on him with the vested interests.
8. 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 namely, Bala @ Pulsar
Bala @ Balamurugan, s/o. Chandirasekar and directed the counter petitioner to
appear in person before this Court on 15-04-2020 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 had represented himself through
his memo filed to quote reasons for his non appearance citing the orders on
imposition of curfew under section 144 Cr.PC. due to Covid-19 Lockdown.
Later on, his Counsel represented the counter petitioner through his waqalat
only on 19-06-2020. After seeking time to file his counter, the learned Counsel
Thiru P. Pon Murugan, B.A.,.LL.B., appeared for Counter petitioner before this Court
on 01-07-2020 only to contest the allegations levelled by the petitioner to invoke
provisions under section 144 (i) (ii) & (iii) of Cr.PC. on the counter petitioner. While
the Counsel for the counter petitioner had refuted all charges and grounds produced
to seek prohibitory orders from this Court, he also stated that the counter petitioner
had been involved in social service activities during the Covid-19 Lockdown
period and only with the intention to tarnish his image, such a petition is filed
by the Petitioner with ulterior motive only to restrict his entry into hometown with
an intention to get him exposed to the infectious conditions of the prevailing
Covid-19-Pandemic. The learned Counsel also has highlighted the point that right
after the special report on prohibitory orders sought under section 144 (i) (ii) &
(iii) of Cr.PC. on the counter petitioner vide I.R. No. 01/2020 of the T.R.Pattinam
Police Station , dated 04-03-2020, no specific incident so as to level charges on
any one of such criminal activities of the counter petitioner has occurred which is
certainly an indicator on the good behavior on the part of the counter petitioner.
Hence, the learned Counsel had prayed for the dismissal of the petition, seeking
prohibitory orders on the counter petitioner.
10. Whereas, the petitioner being the Station House Officer, T.R. Pattinam
Police Station had filed two counter objections, dated 29-07-2020 and also
30-07-2020 challenging the counter filed by the learned Counsel of the counter
petitioner that the very presence of the counter petitioner in T.R. Pattinam Police
limit itself appears to be promoting , augmenting and strengthening the atrocities
and criminal activities of the Lady Gangster Ezhilarasi @ Meera in the area of
jurisdiction covered under the T.R.Pattinam Police Station limits. It is pertinent to
mention that soon after Tmt. Ezhilarasi @ Meera was released from the preventive
detention under the Puducherry Prevention of Anti-Social Activities Act-2008 by
the Orders of the Hon’ble High Court of Judicature at Madras on 17-06-2020 vide
HCP. No. 275/2020, she was again found accused for alleged Extortion in the Karaikal
Town Police Station limits in Crime No. 244/2020 under section 387 IPC r/w 34 IPC,
648
LA GAZETTE DE L’ETAT
[ PART-I
648
dated 08-07-2020 and still evading arrest by the Police while the counter petitioner
is involved in this case also and remanded to Judicial Custody in Kalapet, Central
Prison, Puducherry even till date. While this Court posted the case for
cross-examination of the petitioner on 10-08-2020 as preferred by the learned
Counsel for the counter petitioner, the same was not done since both petitioner
and counter petitioner were called absent on that day.
11. 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 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 within the jurisdiction of T.R. Pattinam Police Station and also
within the entire jurisdiction of this Court in Karaikal District since his close
association with the Lady Gangster Ezhilarasi @ Meera, who is the main accused
in at least three murder cases and also the combined activities of the counter
petitioner in company of his another close aide Vivie @ Vikraman, the another murder
accused would certainly instigate many more criminal activities to send fearsome
sense of insecurity of life in the minds of general public if, the movements of the
counter petitioner are not contained by the prohibitory orders.
12. 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, Bala @ Pulsar Bala @ Balamurugan,
s/o. Chandirasekar under section 144 (i) (ii) & (iii) of Cr.PC to restrain him not to
enter into the entire region of Karaikal Taluk 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 13th day of August, 2020.
M. ADHARSH,
Subdivisional Magistrate.
————
online publication at “https://styandptg.py.gov.in”
Published by The Director, Government Press
Printed at: Government Central Press, Puducherry.
Posted at: Puducherry HPO on every Tuesday