IN THE COURT OF SUBDIVISIONAL MAGISTRATE AT KARAIKAL

M.C. No. 130/2021/223, I.R. No. 15/2021 of the

T.R. Pattinam Police Station, dated 01-03-2021.

Station House Officer,

. . Petitioner

T.R.Pattinam Police Station.

Thiru Bala @ Balamurugan,

. . Counter Petitioner

S/o. Chandirasekar,

No. 34, Mariamman Koil Street,

Polagam, T.R.Pattinam.

Prohibitory Orders under section 144 Cr.PC.

Whereas, one special report was filed by the Station House Officer,

T.R.Pattinam Police Station, Karaikal vide I.R. No. 15/2021 of the T.R.Pattinam Police

Station, Karaikal, dated 01-03-2021 under section144 of Cr.P.C. in this Court.

The report filed by the Station House Officer, T.R.Pattinam Police Station, Karaikal,

goes on to describe the criminal activities of the accused namely, Bala @ Balamurugan

who has been reportedly indulging in serious offences like, extortion, hurt, criminal

intimidation and thereby has became a perennial source of threat to the community

and disturbance to the public tranquility.

[575]

Registered with the Registrar

of Newspapers for India

under No. 10410

Registered No. PY/44/2021-23

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

®ı

Amﬂºƒˆ

ÿk^π¬˛wÁ\

2021 }

\VÏﬂ |

26 {

No.

Poudouchéry

Vendredi

Mars

2021 (5 Chaitra 1943)

No.

Puducherry

Friday

26th

March

2021

576

LA GAZETTE DE L’ETAT

[ PART-I

576

2. Whereas, I am convinced of the Counter Petitioners involvement in

various criminal cases as detailed below:

(i) Cr.No. 202/2011 under sections 294, 323, 332, 324, 506(ii) r/w 34 IPC and

3(2)(e) of PDPP Act, 1984 of T.R.Pattinam Police Station, Karaikal.

(ii) Cr.No. 08/2020 under sections 399, 402 IPC and 25 (1) (a) of Arms Act

1959 of T.R.Pattinam Police Station, Karaikal (committing dacoity).

3. Whereas, 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 dared to lodge a few complaints against his notorious

activities which were registered and investigated. The Counter Petitioner is also

reported to be involved with various criminal elements and is a known close

associate of criminals involved in murder cases. Further, he is also involved with

an absconding accused, facilitating her avoidance of the long arm of the law. This

Counter Petitioner had invariably used deadly weapons in commission of the crimes

as listed above in this Order due to which the general public were affected at large.

4. Whereas, the information has been laid by the Station House Officer,

T.R.Pattinam Police Station, Karaikal, under section 144 Cr. P.C. 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,

Karaikal, vide I.R. No. 15/2021 of the T.R.Pattinam Police Station, Karaikal, dated

01-03-2021 under section 144 Cr. P.C. Whereas, the Petitioner further submits that

in view of the above reasons, the Counter Petitioner Bala @ Balamurugan has

become dangerous element to the society.

5. Whereas, according to the Petitioner, it is necessary to restrain the

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 order. Hence, the Station House Officer, Karaikal, had

registered a case in I.R. No. 15/2021 under section 144 of Cr.P.C. on 01-03-2021 at

15.00 hrs. 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 tranquility and good

order in the jurisdiction of this Subdivisional Magistrate, Karaikal, by invoking the

provisions under section 144 (i), (ii) and (iii) Cr.P.C. except on the days he is

summoned by any other Court of Law. Further, the behaviour of the Counter

Petitioner is also suspicious and there is every likelihood of him committing a

cognizable offence in connivance with other criminal elements from nearby Districts.

6. Whereas based on the information placed before me and other facts

which are brought out through the enquiry report placed by the Station House

Officer, T.R.Pattinam Police Station, Karaikal, I am satisfied that if, the Counter

Petitioner is allowed to move freely 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 smooth conduct of free and fair polling in the

ensuing General Elections-2021 to the Puducherry Legislative Assembly scheduled

on 06-04-2021. It is also clear that the Counter Petitioner has scant regard for the

criminal justice system and the Rule of Law.

PART-I ]

LA GAZETTE DE L’ETAT

577

7. Whereas, based on the report laid before me, I am of the opinion that

if, the Counter Petitioner is allowed to reside within the limits of my jurisdiction,

the Counter Petitioner will continue to indulge in and also motivate serious offences

like dacoity, assault, damages to private properties, obstructions, annoyance,

extortion and thereby become a perennial source of threat to the community and

disturb public peace and order. Hence, I am satisfied that this situation 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. needs

to be invoked to take action against the Counter Petitioner to prevent harm to life

and properties of citizens and to uphold public peace and order.

8. Whereas, I am further satisfied that the Counter Petitioner is an habitual

offender, wherein, it necessitates to maintain law and order, and given the time

constraint, in the context of General Elections to the Puducherry Legislative

Assembly, 2021, serving of notice to him as provided under the Code could not be

followed and that his activities will endanger human life and properties and the

presence of the Counter Petitioner is a threat to public tranquility in my

Subdivision. Therefore, immediate action is required for curtailing the illegal

activities of the Counter Petitioner in the locality and whereas, in view of urgency

of the matter, this is ex parte.

9. 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 @ Balamurugan under section

144 (2) Cr.P.C. 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 two months (or) sixty

days from the date of issue 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 he is summoned to attend the cases in any of the Courts in Karaikal.

Dated, this 15th day of March 2021.

M. ADHARSH,

Subdivisional Magistrate, Karaikal.

————

online publication at “https://styandptg.py.gov.in”

Published by the Director, Government Press, Puducherry.