M.C. No. 466/2020, I.R. No. 28/2020 Under Section 144 of Cr.P.C.

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No. 161 Poudouchéry Mardi 3 Novembre 2020 (12 Kartika 1942)

No. Puducherry Tuesday 3rd November 2020

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (SOUTH)

AT VILLIANUR, PUDUCHERRY

Present : Thiru A. ASVIN CHANDRU, I.A.S.,

Subdivisional Magistrate (South).

M.C. No. 466/2020, I.R. No. 28/2020 Under Section 144 of Cr.P.C.

ORDER

(UNDER SECTION 144 OF Cr.P.C./2456)

Thiru Philomindass @ Philo (19), S/o. Guris, No. 17, Mariamman Koil Street, Thuthipet, Puducherry.

Whereas, it has been made to appear to me that you have trivial and scant respect to the judiciary and rule of law and are involved in various offences against public tranquility, offences affecting property and human body and that you have become a perennial source of threat to the community, public peace and order;

[ 905 ]LA GAZETTE DE L'ETAT [ PART-I 906 906 And whereas, I am convinced of your involvement in various criminal cases under–

1. Cr.No. 160/2019 under sections 286,338, IPC r/w 34 IPC and 3 & 4 of Explosive Substances Act, 1908 of Villianur Police Station and transferred to Sedarapet Police Station, Puducherry.

2. Cr.No. 15/2019 under sections 294 (b), 323 r/w 34 IPC, dated 21-03-2019 of Sedarapet Police Station, Puducherry.

3. Cr.No. 26/2020 under section 380, IPC of Sedarapet Police Station, Puducherry, dated 16-10-2020.

and 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 of Sedarapet Police Station has filed a case against you vide IR.No. 28/2020 under section 144 of Cr.P.C., dated 14-10-2020. It is stated by the Station House Officer, Sedarapet Police Station that you are indulging in crime such as murder, Explosive Substances Act, Arms Act, theft and disturbance to the public tranquility and order, and you have created panic in the minds of local inhabitants. 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, the Station House Officer, Thirukkanur Police Station, further, submitted that if, you are allowed to reside in the Subdivisional Magistrate (South) Jurisdiction limits, it is apprehended that you would continue to indulge in serious offences like murder, explosive, theft, assault, obstructions, annoyance and disturbance to the public tranquility and order, etc., and thereby emerged as a perennial source of threat to the community and disturb public peace and order;

And whereas, summons were served for your appearance on 27-10-2020 to file your explanation/objection as to why the Subdivisional Magistrate (South), Villianur, should not order to prevent you from entering into the south region under section 144 (3) of Cr.P.C. You have put forth your side which is not convincing;

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 this jurisdiction, you will continue to indulge in and also motivate serious offences and disturbance to the public tranquility and order, 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, presence is a threat to public tranquility in Puducherry District and therefore, an immediate action is required for curtailing your illegal activities in the locality;

Now, therefore, based on the reasons stated above, I, A. Asvin Chandru, I.A.S., Subdivisional Magistrate (South), Puducherry, 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 Subdivisional Magistrate (South) Jurisdiction for two monthsPART-I ] LA GAZETTE DE L'ETAT 907 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 the order.

At Villianur, dated this 29th day of October, 2020.

A. ASVIN CHANDRU, I.A.S., Subdivisional Magistrate (South).

————

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (SOUTH)

AT VILLIANUR, PUDUCHERRY

Present : Thiru A. ASVIN CHANDRU, I.A.S.,

Subdivisional Magistrate (South).

M.C. No. 467/2020, I.R. No. 27/2020 Under Section 144 of Cr.P.C.

ORDER

(UNDER SECTION 144 OF Cr.P.C./2457)

Thiru Kuralarasan @ Kural (23), S/o. Gengan, No. 23, Kallarai Street, Thuthipet, Puducherry.

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

1. Cr.No. 222/2016 under sections 147, 148, 450, 326, 307 IPC and 27 (1) of Arms Act r/w 149 IPC, dated 17-09-2016 of Villianur Police Station, Puducherry.

2. Cr.No.602/2018 under sections 8C, 20(b), (ii) (B) NDPS Act, dated 15-11-2018 of Kanai Police Station, Villupuram District, Tamil Nadu.

3. Cr.No. 160/2019 under sections 286, 338, IPC r/w 34 IPC and 3 & 4 of Explosive Substances Act, 1908, dated 09-07-2019 of Villianur Police Station and transferred to Sedarapet Police Station, Puducherry.

4. Cr.No. 35/2019 under section 506, (ii) IPC, dated 16-07-2019 of Sedarapet Police Station, Puducherry.

5. Cr.No. 85/2019 under section 27 Arms Act, 1959 @ 27 Arms Act, 1959 and section 120-B r/w 34 IPC @ 27 Arms Act, 1959, section 4 of Explosive Substances Act, 1908 and section 120-B r/w 34 IPC, dated 30-11-2019 of Thirukkanur Police Station, Puducherry.

and your vengeful acts along with your accomplices against your opponents have created panic in the minds of the people;

LA GAZETTE DE L'ETAT [ PART-I 908 908

And whereas, the Station House Officer of Sedarapet Police Station has filed a case against you vide IR.No. 27/2020 under section 144 of Cr.P.C., dated 13-10-2020. It is stated by the Station House Officer, Sedarapet Police Station that you are indulging in crime such as murder, Explosive Substances Act, Arms Act, theft case, disturbance to the public tranquility and order, and you have created panic in the minds of local inhabitants. 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, the Station House Officer, Thirukkanur Police Station, further, submitted that if, you are allowed to reside in the Subdivisional Magistrate (South) Jurisdiction limits, it is apprehended that you would continue to indulge in serious offences like murder, Explosive Substances Act, Arms Act, theft, disturbance to the public tranquility and order, etc., and thereby emerged as a perennial source of threat to the community and disturb public peace and order;

And whereas, summons were served for your appearance on 27-10-2020 to file your explanation/objection as to why the Subdivisional Magistrate (South), Villianur, should not order to prevent you from entering into the south region under section 144 (3) of Cr.P.C. and you failed to appear before this Court and hence, the case is decided ex parte under section 144(2) of Cr.P.C. in the view of urgency of the matter;

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 this jurisdiction, you will continue to indulge in and also motivate serious offences and disturbance to the public tranquility and order, 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, your presence is a threat to public tranquility in Puducherry District and therefore, an immediate action is required for curtailing your illegal activities in the locality;

Now, therefore, based on the reasons stated above, I, A. Asvin Chandru, I.A.S., Subdivisional Magistrate (South), Villianur, Puducherry, 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 Subdivisional Magistrate Court (South), Jurisdiction for 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 the order.

At Villianur, dated this 29th day of October, 2020.

A. ASVIN CHANDRU, I.A.S., Subdivisional Magistrate (South).

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