IN THE COURT OF SUBDIVISIONAL MAGISTRATE AT KARAIKAL

M.C. No. 292/2021/226, I.R. No. 37/2021 of the

Neravy Police Station, dated 15-03-2021.

Endt: 2666 and 2667/DCK/A3/2021 of the

Collector-cum-District Magistrate, dated 16-03-2021.

Station House Officer,

. . Petitioner

Neravy Police Station.

Vive @ Vikram @ Vickraman,

. . Counter Petitioner

S/o. Dhanabal @ Jaganathan

No. 54 and 55, 5th Cross, Nethaji Nagar,

Karaikal.

Prohibitory Orders Under Section 144 of Cr.PC.

Whereas, one I.R was filed by the Station House Officer, Neravy Police

Station, Karaikal vide I.R. No. 37/2021 under section 144 (i), (ii) and (iii) Cr.P.C.

along with a special report filed by the Station House Officer, Neravy Police Station,

Karaikal, received on 16-03-2021 which also describes the information laid

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Registered No. PY/44/2021-23

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under section 144 Cr.P.C. goes on to narrate the criminal activities of the accused

namely, Vive @ Vikram @ Vickraman, who has been reportedly indulging in serious

offences like organized murders, extortion, hurt, criminal intimidation and thereby

became a perennial source of threat to the community and disturbance to the public

tranquility.

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

following cases–

(i) Cr.No. 104/2011 under sections 147, 448, 323, 506 IPC r/w 149 IPC, dated

07-07-2011 of T.R.Pattinam Police Station, Karaikal. This case is Pending

Trial vide STR No. 921/2011.

(ii) Cr.No. 172/2012 under sections 448, 294, 506(ii) IPC r/w 34 IPC, dated

26-12-2012 of T.R.Pattinam Police Station, Karaikal. This case is Pending

Trial vide CC No. 151/2013.

(iii) Cr.No. 322/2015 under sections 147, 148, 341, 342, 294(b), 506(II) and

302 IPC and 3(1) of PPDT Act, dated 26-04-2015 of Sirkali Police Station,

Tamil Nadu. This case is Pending Trial vide PRC No. 45/2015.

(iv) Cr.No. 01/2017 under sections 147, 148, 332, 395, 307, 448, 302, 427, 120(b)

IPC r/w 149 IPC and 3 and 4 of Explosive Substances Act, 1908, dated

03-01-2017 of Neravy Police Station, Karaikal. This case was charged

on 02-05-2018. This case is Pending Trial vide PRC No. 22/2018.

(v) Cr.No. 02/2017 under sections 336, 427 IPC r/w 34 IPC and 3 and 4 of

Explosive Substances Act, 1908, dated 03-01-2017 T.R.Pattinam Police

Station, Karaikal. This case is Pending Trial vide PRC No. 06/2017.

(vi) Cr.No. 21/2018 under sections 120(b), 150, 212 IPC r/w 34 IPC and 27 of

Arms Act, 1959, dated 28-01-2018 of D’ Nagar Police Station,

Puducherry. This case is Pending Trial vide CC No. 595/2020.

(vii) Cr.No. 08/2020 under sections 399, 402 IPC and 25(1) (a) of Arms Act 1959,

of T.R.Pattinam Police Station, Karaikal. This case was charged on

04-03-2020. This case is Pending Trial vide STC No. 8/2020.

(viii) Cr.No. 138/2020 under sections 386, 506(ii) IPC r/w 34 IPC dated

31-12-2020 of T.R.Pattinam Police Station, Karaikal and the case is Under

Investigation.

3. Whereas, the Station House Officer, Karaikal, has reported that the

Counter Petitioner is a history sheet holder in T.R.Pattinam Police Station, Karaikal

and the same is being maintained in Neravy Police Station for close surveillance.

Further, he is a gangster and has strong links with other criminals with murder

charges. This Counter Petitioner had invariably used deadly weapons in commission

of the above crimes, thereby the general public were affected at large and spent

sleepless nights in panic and fear of death and hurt.

4. Whereas, the Petitioner has also submitted that on the day of 15-03-2021

while Sub-Inspector of Police, M. Sakthivelu of Neravy Police Station, Karaikal, was

performing rounds in the area under the Neravy Police Station limits, he received

reliable information that the Counter Petitioner being a notorious criminal was likely

to create hindrances among the important political persons in Karaikal region and

is a part of an association in the name of ‘SRR Arakkattalai’ This Counter Petitioner

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and his active associates are waiting to extort money from big shots, business

peoples and rich persons, etc,. The same was entered on 15-03-2021 in GD Vol. No. 12,

Page No. 29 and Sl.No. 38 of Neravy Police Station. Further, it was ascertained from

the special report of Police Constable 2965 namely, R. Packiya Raj that the Counter

Petitioner may involve in activities detrimental to the public peace and tranquility

and the same was entered on 15-03-2021 in GD Vol. No. 12, Page No. 30 and 31 and

Sl.No. 46 of Neravy Police Station, Karaikal.

5. The Station House Officer, Neravy, Karaikal Police Station further submits

that the Counter Petitioner being a notorious criminal does not respect the Rule of

Law, but, rather actively breaks the law. The Station House Officer has also reported

that witnesses of his crimes are refusing to volunteer information against him due

to fear of retaliation and revenge.

6. Whereas, the Counter Petitioner is presently absconding arrest in a case

in Cr. No. 138/2020 under sections 386, 506(ii) IPC r/w 34 IPC, dated 31-12-2020 of

T.R. Pattinam Police Station. If, he enters into Karaikal region, he is likely to disturb

the smooth conduct of the ensuing General Elections to the Puducherry Legislative

Assembly-2021 with the support of his money power, hooligans and criminal

associates in the Neravy - T.R. Pattinam Assembly Constituency and also in Karaikal

region.

7. Whereas, the Station House Officer further submits that since the

activities of the Counter Petitioner is detrimental to the public order, it is found to

be essential that the Counter Petitioner be restrained from entering in to Karaikal

District immediately under the provisions of 144 of Cr.P.C. or else there is every

likelihood that the Counter Petitioner would indulge in wrongful activities

disturbing the public order. In view of the above reasons, the Counter Petitioner

Vive @ Vikram @ Vikraman has become dangerous and desperate that his presence

in Karaikal District is detrimental to the safety and security of the community and

to the maintenance of public order. The Counter ......

8. Whereas, I am satisfied that based on the information placed before me

and other facts which are brought out through the enquiry report placed by the

Station House Officer, Neravy Police Station, Karaikal 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 to the Puducherry Legislative Assembly-2021 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 and refuses to co-operate with the

Police in their investigations.

9. Therefore, 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 murder, 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.

10. 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.

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

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

constraint, 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.

Further, the Station House Officer has also reported that the Counter Petitioner is

in urgent need of money and will likely resort to extortion to gather money.

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.

12. Now, therefore, 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, Vive @ Vikaram @ Vickraman,

s/o. Jaganathan @ Dhanabal under section 144 of 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 2 two months (or) 60 days from the date of this order or till

any further orders passed by the competent authority revoking this prohibitory

order as per law whichever is earlier, except when he is summoned to attend the

cases in any of the Courts in Karaikal.

Dated, this 16th day of March 2021.

M. ADHARSH,

Subdivisional Magistrate, Karaikal.

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