[ 297 ]
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 36/2021 of I.R. No. 16/2020 Under Section 144 of Cr.P.C./541
ORDER
(UNDER SECTION 144 OF Cr. P.C.)
To
State Represented by the Station House Officer,
Kalapet Police Station,
Puducherry.
....
Petitioner
Vs
Gowthaman (24),
S/o. Narayanan,
No. 52, Thideer Nagar,
Chinnakalapet,
Puducherry.
....
Counter Petitioner
Registered with the Registrar
of Newspapers for India
under No. 10410
Amflºƒˆ \VWÈ ∂´E>µ
La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - I
E≈©A ÿkπX|
EXTRAORDINAIRE
EXTRAORDINARY
∂]ÔV´D ÿ√u≈
Publiée par
Published by
ÿkπX|
Autorité
Authority
Registered No. PY/44/2021-23
®ı
Amflºƒˆ
A>[˛wÁ\
2021 }
∏©´kˆ |
3 {
No.
44 Poudouchéry
Mercredi
3
Février
2021 (12 Phalguna 1942)
No.
Puducherry
Wednesday
3rd
February
2021
298
LA GAZETTE DE L’ETAT
[ PART-I
298
This petition along with case sheet filed by Station House Officer,
represented by Arulmani, Sub-Inspector, Kalapet Police Station, Puducherry,
praying to pass orders under section 144 Cr.P.C against Thiru Gowthaman to prevent
imminent danger to human lives and properties, and disturbance to the public
tranquility and order, in the jurisdiction of this Court.
2. Counter Petitioner Gowthaman, is a resident of No. 52, Thideer Nagar,
Chinnakalapet, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
referred by the Station House Officer, Kalapet Police Station, Puducherry, through
the Superintendent of Police (East), Puducherry vide I. R. No.16/2020, u/s. 144 of
Cr.P.C, dated 10-12-2020 that you have formed a gang of rowdies and bent up on
indulging in crime such as murder, attempt to murder, grievous hurt, extortion and
disturbance to the public peace and tranquility and you have created panic in the
minds of local inhabitants in the Police Station limits. 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. In this connection,
the petitioner had stated that the following criminal cases were registered against
the Counter Petitioner.
(i)
Cr. No. 57/2015, under sections 147, 148, 341, 427, 324, 307, 506
(ii) r/w 149 IPC, dated 02-09-2015 of Kalapet Police Station,
,
Puducherry.
(ii)
Cr. No. 58/2016, under sections 294(b), 324, 506(II) IPC., r/w 34
IPC@ 143, 147, 148, 294(b), 307, 506(II) IPC, r/w 149 IPC, dated
08-06-2016 of Kalapet Police Station, Puducherry.
(iii)
Cr. No. 115/2017, under sections 326, 506(ii), r/w 34 IPC, dated
24-11-2017 of Kalapet Police Station, Puducherry.
(iv) Cr. No. 306/2019, under sections 147, 148, 294(b), 341, 324, 120(b),
307, 302 IPC, dated 11-07-2019 of Kottakuppam Police Station,
Tamil Nadu.
4. The Petitioner has also submitted that the Counter Petitioner is not a
law abiding citizen, he has often violated the conditions imposed by the Court while
he was released on bail. He is very active and therefore, his criminal activities cannot
be prevented by invoking the mere security proceedings under the Cr.P.C.
5. The Petitioner also submitted that you are desperate and is in dire need
of money to maintain your group of rowdy elements and to meet expenses in
connection with the trial in the pending C ourt 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. It is further stated that you are
involving in various offences by using deadly weapons 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 up on you;
6. The Petitioner 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 murder, assault, obstructions, annoyance, damages to public and
private properties, etc., and thereby emerged as a perennial source of threat to the
community and disturb public peace and order. Hence, the Station House Officer,
PART-I ]
LA GAZETTE DE L’ETAT
299
Kalapet Police Station, Puducherry has prayed to invoke provisions u/s 144 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;
7. The proceeding was started by affording an opportunity to the Counter
petitioner to show cause against the petition filed by the Petitioner. A notice was
served to both the parties on 10-02-2021 to appear for the hearing on 18-02-2021
at 11.00 a.m. It was instructed to serve the notice to the Counter Petitioner through
the Station House Officer, Kalapet Police Station, Puducherry. The notice for
the Counter Petitioner was received by his mother, Tmt. N. Meenatchi. The service
was held sufficient for the Counter Petitioner.
8. On 18-02-2021, the Petitioner represented by Arulmani, Sub-Inspector,
Kalapet Police Station, Puducherry, was present. The Counter Petitioner has failed
to appear before the Court on hearing date.
9. I have heard the Petitioner and carefully gone through all the available
records placed before me.
In the Police Information Report/Petition, it is stated that Thiru
Gowthaman’s activity was in such a manner that he may cause breach of peace
and create a problem of law and order, and public tranquility. He has involved
in crimes such as murder, grievous hurts, assaulting with deadly weapons,
unlawful activities causing damage to public property, obstructions and
annoyance, and disturb public peace and order. There are 4 criminal cases
registered at Kalapet Police Station and other Police Stations among which 3 cases
are pending trial before Hon’ble Courts.
10. On perusal of the records submitted by the Petitioner, I am of the
opinion that if, the Counter Petitioner is allowed to reside within the limits of my
jurisdiction, Counter Petitioner will continue to indulge in and also motivate serious
offences like murder, hurt, assault, obstructions, annoyance, damages to public and
private properties, 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 the Counter Petitioner to prevent harm to life and properties of
citizens and uphold public peace and order;
Hence, I M. Kandasamy, do herby, in the capacity of Subdivisional
Magistrate (North), Puducherry, in exercise of powers conferred under the section
144(1) of the Code of Criminal Procedure, pass this order and prohibit you, the
Counter Petitioner Thiru Gowthaman (30) s/o. Narayanan, No. 52, Thideer Nagar,
Chinnakalapet, Puducherry, from entering into the region under the jurisdiction of
the 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 represent against this order before the undersigned by post or by Counsel.
At Puducherry, dated on this 18th day of February, 2021 pronounced in
the open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
300
LA GAZETTE DE L’ETAT
[ PART-I
300
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 37/2021 of I.R. No. 17/2020 Under Section 144 of Cr.P.C./539
ORDER
(UNDER SECTION 144 of Cr. P.C.)
To
State Represented by the Station House Officer,
Kalapet Police Station,
Puducherry.
....
Petitioner
Vs
Thalapathy @ Sankar Ganesh (30),
S/o. Kaliamoorthy,
Quarters No. 12/2,
Pondicherry Enginneering College,
Pillaichavady, Puducherry,
(No. 13, New Street, Pillaichavady,
Puducherry).
....
Counter Petitioner
This petition along with case sheet filed by Station House Officer,
represented by Arulmani, Sub-Inspector, Kalapet Police Station, Puducherry, praying
to pass orders u/s. 144 Cr.P.C against Thiru Thalapathy @ Sankar Ganesh to prevent
imminent danger to human lives and properties, and disturbance to the public
tranquility and order, in the jurisdiction of this Court.
2. Counter Petitioner Thalapathy @ Sankar Ganesh, is a resident of
Quarters No. 12/2 Pondicherry Engineering College, Pillaichavady, Puducherry
(No.13, New Street, Pillaichavady, Puducherry).
3. The facts which led up to the petition are briefly as follows: The case
referred by the Station House Officer, Kalapet Police Station, through the
Superintendent of Police (East), Puducherry vide I. R. No.17/2020, u/s. 144 of Cr.P.C,
dated 10-12-2020 that you have formed a gang of rowdies and bent up on indulging
in crime such as murder, attempt to murder, grievous hurt, extortion and disturbance
to the public peace and tranquility and you have created panic in the minds of
local inhabitants in the Police Station limits. 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. In this connection, the
petitioner had stated that the following criminal cases were registered the Counter
Petitioner.
(i)
Cr. No.419/2018, under sections 147, 148, 341, 302 IPC and 3 (i) (b) of
Explosive Act, 1908 of Aruovill Police Station, Tamil Nadu.
(ii)
Cr. No. 436/2018, under section. 341, 302,109,120 (b) IPC of Aruovill
Police Station, Tamil Nadu.
(iii)
Cr. No. 76/2019, under section 3 (2)(a) (b), 4 (l) (2) (c), 5 (d) of ITP
Act, 1956, dated 07-06-2019 of Orleanpet Police Station, Puducherry.
PART-I ]
LA GAZETTE DE L’ETAT
301
4. The Petitioner has also submitted that the Counter Petitioner is not a
law abiding citizen, he has often violated the conditions imposed by the Court while
he was released on bail. He is young and very active and therefore, his criminal
activities cannot be prevented by invoking the mere security proceedings under
the Cr.P.C.
5. The Petitioner also submitted 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. It is further stated that you are involving in various
offences by using deadly weapons 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 up on you;
6. The Petitioner 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 murder, assault, obstructions, annoyance, damages to public and
private properties, 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, Puducherry, has prayed to invoke provisions u/s 144 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;
7. The proceeding was started by affording an opportunity to the Counter
Petitioner to show cause against the petition filed by the Petitioner. A notice was
served to both the parties on 10-02-2021 to appear for the hearing on 18-02-2021
at 11.00 a.m. It was instructed to serve the notice to the Counter Petitioner through
the Station House Officer, Kalapet Police Station, Puducherry. The notice for the
Counter Petitioner was received by his sister, Tmt. I. Sonia.
8. On 18-02-2021, the Petitioner represented by Arulmani, Sub-Inspector,
Kalapet Police Station was present. The learned counsel, Thiru V. Shankar, was
present on behalf of the Counter Petitioner. The counsel for the Counter Petitioner
filed his counter on 18-02-2021.
9. I have heard both the sides and carefully gone through all the available
records in file placed by the Petitioner.
In the Police Information Report/Petition, it is stated that Thiru Thalapathy
@ Sankar Ganesh activity was in such a manner that he may cause breach of
peace and create a problem of law and order, and public tranquility.
He has involved in crimes such as murder, grievous hurt, asaulting with deadly
weapons, unlawful activities causing damage to public property, obstructions and
annoyance, and disturb public peace and order. There are 3 criminal cases registered
at various Police Stations. All 3 cases are pending trial before Hon’ble Courts.
10. I have also heard the Counsel for the Counter Petitioner and carefully
gone through the counter filed by the Counsel.
The learned Counsel for Counter Petitioner has filed a counter stating
that the Petitioner has filed this false case with an ulterior motive to stop the
Counter Petitioner from participating in the upcoming general elections 2021 and
thereby obstructing his fundamental rights.
302
LA GAZETTE DE L’ETAT
[ PART-I
302
11. Up on hearing both sides and on perusal of the records submitted by
them, I am of the opinion that if, the Counter Petitioner is allowed to reside within
the limits of my jurisdiction, Counter Petitioner will continue to indulge in and also
motivate serious offences like murder, hurt, assault, obstructions, annoyance,
damages to public and private properties, 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 the Counter Petitioner to prevent
harm to life and properties of citizens and uphold public peace and order;
Hence, I M. Kandasamy, do herby, in the capacity of Subdivisional
Magistrate (North), Puducherry, in exercise of powers conferred under the section
144 (1) of the Code of Criminal Procedure, pass this order and prohibit you, the
Counter Petitioner Thiru Thalapathy @ Sankar Ganesh (30), s/o. Kaliamoorthy,
Quarters No. 12/2, Pondicherry Engineering College, Pillaichavady, Puducherry
(No. 13, New Street, Pillaichavady, Puducherry) from entering into the region under
the jurisdiction of the 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 represent against this Order before the undersigned by post or
by Counsel.
At Puducherry, dated on this 18th day of February, 2021 pronounced in
the open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
————
online publication at “https://styandptg.py.gov.in”
Published by the Director, Government Press, Puducherry.