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No. 75 Poudouchéry Lundi 5 Avril 2021 (15 Chaitra 1943)
No. Puducherry Monday 5th April 2021
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 40/2021 of I.R.No. 20/2020 under section 144 of Cr.P.C./723
ORDER
(UNDER SECTION 144 OF Cr. P.C.)
State Represented by the Station House Officer, Muthialpet Police Station, Puducherry.
.... Petitioner
Vs
Thiru Gnanavel (30), S/o. Munusamy, No. 53, Maravady Street, Kurusukuppam, Muthialpet, Puducherry.
.... Counter Petitioner
[ 595 ]LA GAZETTE DE L'ETAT [ PART-I 596 596 This petition along with case sheet is filed by Station House Officer, G. Kalaiarasan, Sub-Inspector, Muthialpet, Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C. against Thiru Gnanavel to prevent imminent danger to human lives and properties and disturbance to the public tranquility and order, in the jurisdiction of this Court.
2. The Counter Petitioner is Gnanavel, s/o. Munusamy, a resident of No. 53, Maravady Street, Kurusukuppam, Muthialpet, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case is submitted by the Station House Officer, Muthialpet Police Station, Puducherry, through the Superintendent of Police (East), Puducherry vide I.R.No. 20/2020 under section 144 of Cr.P.C., dated 09-11-2020. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent up on indulging in crime such as criminal intimidation, hurt, extortion, disturbance to the public tranquility and order. The Counter Petitioner has created panic in the minds of local inhabitants and the business people in the Muthialpet Police Station, Puducherry, limits. It is also stated that he is leading lavish life with the money earned from the public and business people by threatening. As a result the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.
1. Cr.No. 03/2010 under sections 147, 148, 302 r/w 149 IPC, dated 07-01-2010 of Kirumampakkam Police Station, Puducherry.
2. Cr. No. 156/2010 under sections 147, 148, 302 IPC and 3 of Explosive Substances Act, 1908 r/w 149 IPC, dated 09-07-2010 of Muthialpet Police Station, Puducherry.
3. Cr.No. 238/2010 under sections 147, 148, 307 IPC r/w 149 IPC, dated 08-11-2010 of Muthialpet Police Station, Puducherry.
4. Cr.No. 189/2011 under sections 147, 148, 302, 109 r/w 149 IPC, dated 21-08-2011 of Muthialpet Police Station, Puducherry.
5. Cr.No. 320/2011 under section 27 of Arms Act and 34 B-IX of PP Act, dated 10-12-2011 of Muthialpet Police Station, Puducherry.
6. Cr.No. 33/2012 under sections 147, 427, 324, 506(ii) r/w 149 IPC, dated 06-02-2012 of Muthialpet Police Station, Puducherry.
7. Cr.No. 91/2012 under sections 148, 341, 302, 326, 307, 332, 333, 109 IPC, 120(B) IPC r/w 149 IPC, 3 & 4 of Explosive Substances Act, 1908 and 25 (1-A) & 27 (3) of Arms Act, 1959 and 4 of PDPP Act, 1984, dated. 10-08-2012 of Thavalakuppam Police Station, Puducherry.
8. Cr.No. 143/2012 under sections 452, 427, 506(ii) IPC r/w 34 IPC, dated. 26-07-2012 of Muthialpet Police Station, Puducherry.
9. Cr.No. 78/ 2015 under sections 294(b), 323, 324, 427, 506(ii) r/w 34 IPC, dated 09-08-2015 of Muthialpet Police Station, Puducherry.
10. Cr.No. 2/2016 under sections 294(b), 509, 506(ii) IPC r/w 34 IPC, dated 06-01-2016 of Muthialpet Police Station, Puducherry.
11. Cr.No. 5/2016 under sections 294(b), 506(ii) r/w 34 IPC, dated 07-01-2016 of Muthialpet Police Station, Puducherry.
PART-I ] LA GAZETTE DE L'ETAT 59712. Cr.No. 132/2017 under sections 294(b), 323, 324, 506(ii) IPC r/w 34 IPC, dated 25-11-2017 of Muthialpet Police Station, Puducherry.
13. Cr. No. 94/2019 under sections 120 (b), 148, 341, 302, 109 r/w 149 IPC, dated 08-12-2019 of Muthialpet Police Station, Puducherry.
4. The Petitioner has also submitted that the Counter Petitioner is not a law abiding citizen and he has often violated the conditions imposed by the Court while he was released on bail. It is also stated that the Counter Petitioner had become a source of terror among the public. It is further stated that he is very active notorious rowdy element and therefore, his criminal activities cannot be prevented by invoking the mere security proceedings under the Cr.P.C.
5. The Petitioner further submitted that if, Counter Petitioner is allowed to reside in Puducherry limits, it is apprehended that he would continue to indulge in serious offences like murder, attempt to murder, Explosive Substances Act, hurt, damages, assault and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Station House Officer, Muthialpet Police Station, Puducherry, has prayed to invoke provisions under section144 of Cr.P.C. against the Counter Petitioner do not to enter into the jurisdiction of this Court for a period of two months as do prevent danger to the human life and properties and disturbance to the public tranquility and order;
6. 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, Muthialpet Police Station, Puducherry. During the course of enquiry on 18-02-2021, both the Petitioner and Counter Petitioner were called absent. Hence, petition dismissed for default due to absence of Petitioner.
7. On 01-03-2021, the Station House Officer, Muthialpet Police Station, Puducherry, filed a restoration petition. A notice was served to both the parties on 01-03-2021 to appear for the hearing on 03-03-2021 at 11.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Muthialpet Police Station, Puducherry. The notice for the Counter Petitioner was received by his wife, Tmt. G. Manju. The Service was held sufficient for the Counter Petitioner.
8. On 03-03-2021, the Petitioner G. Kalaiarasan, Sub-Inspector, Muthialpet Police Station, Puducherry and the Counter Petitioner were present. The learned Counsel Thiru B. Narasimmabalan, was present and represented on behalf of the Counter Petitioner.
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 the activities of Thiru Gnanavel is in such a manner that they may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 13 criminal cases registered against him in various Police Stations from 2010 onwards, among which 9 cases are pending trial before the Hon'ble Courts. I have also heard the oral submission of the Counsel for the Counter Petitioner. The learned Counsel for Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.
LA GAZETTE DE L'ETAT [ PART-I 598 59810. Up on hearing both sides and 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, assault, damages to 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 hereby, 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 the Counter Petitioner Thiru Gnanavel, s/o. Munusamy, a resident of No. 53, Maravady Street, Kurusukuppam, Muthialpet, 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 03rd day of March, 2021, pronounced in the open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
————
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 41/2021 of I.R. No. 21/2020 under section 144 of Cr.P.C./724
ORDER
(UNDER SECTION 144 OF Cr. P.C.)
State Represented by the Station House Officer, Muthialpet Police Station,
Puducherry.
.... Petitioner
Vs
Thiru Gnanasegar,
S/o. Munusamy, No. 53, Maravady Street,
Kurusukuppam, Muthialpet,
Puducherry.
.... Counter PetitionerPART-I ] LA GAZETTE DE L'ETAT 599 This petition along with case sheet is filed by Station House Officer, Thiru G. Kalaiarasan, Sub-Inspector, Muthialpet Police Station, Puducherry, praying to pass orders under section 144 Cr.P.C. against Thiru Gnanasegar to prevent imminent danger to human lives and properties and disturbance to the public tranquility and order, in the jurisdiction of this Court.
2. The Counter Petitioner is Gnanasegar, s/o. Munusamy, a resident of No. 53, Maravady Street, Kurusukuppam, Muthialpet, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case submitted by the Station House Officer, Muthialpet Police Station, Puducherry, through the Superintendent of Police (East), Puducherry vide I.R.No. 21/2020 under section 144 of Cr.P.C., dated 09-11-2020. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent up on indulging in crime such as criminal intimidation, hurt, extortion, disturbance to the public tranquility and order. The Counter Petitioner has created panic in the minds of local inhabitants and the business people in the Muthialpet Police Station, Puducherry, limits. It is also stated that he is leading lavish life with the money earned from the public and business people by threatening. As a result the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.
(1) Cr.No. 33/2012 under sections 147, 427, 324, 506(ii) r/w 149 IPC, dated 06-02-2012 of Muthialpet Police Station, Puducherry.
(2) Cr.No. 78/2015 under sections 294 (b), 323, 324, 427, 506(ii) IPC r/w 34 IPC, dated 09-8-2015 of Muthialpet Police Station, Puducherry.
(3) Cr.No. 40/2016 under sections 143, 341 IPC r/w 149 IPC, dated 05-05-2016 of Muthialpet Police Station, Puducherry.
(4) Cr.No. 44/2016 under sections 41, 294(b), 323, 506(i) IPC r/w 34 IPC, dated 12-05-2016 of Muthialpet Police Station, Puducherry.
(5) Cr.No. 107/2017 under sections 147, 148, 324, 307 IPC R/W 149 IPC, dated 28-09-2017 of Muthialpet Police Station, Puducherry.
(6) Cr.No. 132/2017 under sections 294(b), 323, 324, 506(ii) IPC r/w 34 IPC, dated 25-11-2017 of Muthialpet Police Station, Puducherry.
(7) Cr.No. 37/2018 under sections 147,148, 302 IPC r/w 149 IPC, dated 06-03-2018 of Grand Bazaar Police Station, Puducherry.
(8) Cr.No. 94/2019 under sections 120(B), 148, 341, 302, 109 r/w 149 IPC, dated 08-12-2019 of Muthialpet Police Station, Puducherry.
4. The Petitioner has also submitted that the Counter Petitioner is not a law abiding citizen and he has often violated the conditions imposed by the Court while he was released on bail. It is also stated that the Counter Petitioner had become a source of terror among the public. It is further stated that he is very active notorious rowdy element and therefore, his criminal activities cannot be prevented by invoking the mere security proceedings under the Cr.P.C.
LA GAZETTE DE L'ETAT [ PART-I 600 6005. The Petitioner further submitted that if, Counter Petitioner is allowed to reside in Puducherry limits, it is apprehended that he would continue to indulge in serious offences like murder, attempt to murder, Explosive Substances Act, hurt, damages, assault and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Station House Officer, Muthialpet Police Station, Puducherry, has prayed to invoke provisions under section 144 of Cr.P.C. against the Counter Petitioner do 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;
6. 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, Muthialpet Police Station, Puducherry. During the course of enquiry on 18-02-2021, both the Petitioner and Counter Petitioner were called absent. Hence, petition dismissed for default due to absence of Petitioner.
7. On 01-03-2021, the Station House Officer, Muthialpet Police Station, Puducherry, filed a restoration petition. A notice was served to both the parties on 01-03-2021 to appear for the hearing on 03-03-2021 at 11.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Muthialpet Police Station, Puducherry. The notice for the Counter Petitioner was received by his wife, Tmt. G. Subitha. The Service was held sufficient for the Counter Petitioner.
8. On 03-03-2021, the Petitioner Thiru G. Kalaiarasan, Sub-Inspector, Muthialpet Police Station, Puducherry, present. The Counter Petitioner has failed to appear before the Court on hearing date. The learned Counsel, Thiru B. Narasimmabalan, was present and represented on behalf of the Counter Petitioner.
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 the activities of Thiru Gnanasegar is in such a manner that they may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 8 criminal cases registered against him in various Police Stations from 2012 onwards. All 8 cases are pending trial before the Hon'ble Courts. I have also heard the oral submission of the Counsel for the Counter Petitioner. The learned Counsel for Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.
10. Up on hearing both sides and 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, assault, damages to 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;
PART-I ] LA GAZETTE DE L'ETAT 601Hence, I, M. Kandasamy, do hereby, in the capacity of Subdivisional Magistrate (North), Puducherry, in exercise of the powers conferred under the section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Gnanasegar, s/o. Munusamy, a resident of No. 53, Maravady Street, Kurusukuppam, Muthialpet, 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 03rd day of March, 2021, pronounced in the open Court.
M. KANDASAMY, Subdivisional Magistrate (North).
————
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 43/2021 of I.R. No. 23/2020 under section 144 of Cr.P.C./722
ORDER
(UNDER SECTION 144 OF Cr. P.C.)
State Represented by the Station House Officer, Muthialpet Police Station, Puducherry.
.... Petitioner
Vs
Thiru Moorthy (51), S/o. Subramanian, No. 50, Patchaivazhiamman Koil Street, Vaithikuppam, Muthialpet, Puducherry.
.... Counter Petitioner
This petition along with case sheet is filed by Station House Officer, G. Kalaiarasan, Sub-Inspector, Muthialpet Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C. against Thiru Moorthy to prevent imminent danger to human lives and properties and disturbance to the public tranquility and order, in the jurisdiction of this Court.
2. The Counter Petitioner is Moorthy, s/o. Subramanian, a resident of No. 50, Patchaivazhiamman Koil Street, Vaithikuppam, Muthialpet, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case submitted by the Station House Officer, Muthialpet Police Station, Puducherry, through the Superintendent of Police (East), Puducherry vide I.R.No. 23/2020 under section 144 of Cr.P.C., dated 10-11-2020. Therein, it has been stated that theLA GAZETTE DE L'ETAT [ PART-I 602 602 Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime such as criminal intimidation, hurt, extortion, disturbance to the public tranquility and order. The Counter Petitioner has created panic in the minds of local inhabitants and the business people in the Muthialpet Police Station, Puducherry, limits. It is also stated that he is leading lavish life with the money earned from the public and business people by threatening. As a result the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.
1. Cr.No. 215/2005 under sections 341, 307 IPC, dated 16-09-2005 of Muthialpet Police Station, Puducherry.
2. Cr. No. 190/2011 under sections 120 B, 116 and 506 (ii) IPC r/w 34 IPC, dated 24-08-2011 of Muthialpet Police Station, Puducherry.
3. Cr.No. 131/1992 under section 324 IPC @ 326 IPC, dated 10-06-1992 of Muthialpet Police Station, Puducherry.
4. Cr.No. 58/2000 under sections 341, 323 IPC r/w 34 IPC, dated 14-04-2000 of Muthialpet Police Station, Puducherry.
5. Cr.No. 114/1997 under sections 147, 148 and 302 IPC r/w 149 @ 147, 148, 342 and 302 IPC and 120 B (i) IPC r/w 149 IPC of Muthialpet Police Station, Puducherry.
6. Cr.No. 180/2011 under sections 147, 148, 302 IPC r/w 149 IPC dated:
30-05-2011 of Grand Bazaar Police Station, Puducherry.
7. Cr.No. 149/2012 under sections 302, 307 IPC @ 147, 148, 302, 307, 109, 120-B IPC r/w 149 IPC, dated 23-05-2012 of Orleanpet Police Station, Puducherry.
8. Cr.No. 37/18 under sections 147, 148, 302 IPC r/w 149 IPC, dated 06-03-2018 of Grand Bazaar Police Station, Puducherry.
4. The Petitioner has also submitted that the Counter Petitioner is not a law abiding citizen and he has often violated the conditions imposed by the Court while he was released on bail. It is also stated that the Counter Petitioner had become a source of terror among the public. It is further stated that he is very active notorious rowdy element and therefore, his criminal activities cannot be prevented by invoking the mere security proceedings under the Cr.P.C.
5. The Petitioner further submitted that if Counter Petitioner is allowed to reside in Puducherry limits, it is apprehended that he would continue to indulge in serious offences like murder, attempt to murder, Explosive Substances Act, hurt, damages, assault and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Station House Officer, Muthialpet Police Station, Puducherry, has prayed to invoke provisions under section 144 of Cr.P.C. against the Counter Petitioner do 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;
6. 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 throughPART-I ] LA GAZETTE DE L'ETAT 603 the Station House Officer, Muthialpet Police Station, Puducherry. During the course of enquiry on 18-02-2021, both the Petitioner and Counter Petitioner were called absent. Hence, petition dismissed for default due to absence of Petitioner.
7. On 01-03-2021, the Station House Officer, Muthialpet Police Station, Puducherry, filed a restoration petition. A notice was served to both the parties on 01-03-2021 to appear for the hearing on 03-03-2021 at 11.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Muthialpet Police Station, Puducherry. The notice for the Counter Petitioner was received by his daughter, Tmt. Subitha. The Service was held sufficient for the Counter Petitioner.
8. On 03-03-2021, the Petitioner Thiru G. Kalaiarasan, Sub-Inspector, Muthialpet Police Station, Puducherry, 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 the activities of Thiru Moorthy is in such a manner that they may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 8 criminal cases registered against him in various Police Stations from 1992 onwards, among which 3 cases are pending trial before the Hon'ble Courts.
10. On perusal of the records submitted by the Petitioner and the recommendation of the Superintendent of Police (East), 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, assault, damages to 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 hereby, 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 the Counter Petitioner Thiru Moorthy, s/o. Subramanian, a resident of No. 50, Patchaivazhiamman Koil Street, Vaithikuppam, Muthialpet, 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 03rd day of March, 2021, pronounced in the open Court.
M. KANDASAMY, Subdivisional Magistrate (North).
LA GAZETTE DE L'ETAT [ PART-I 604 604IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 44/2021 of I.R. No. 26/2020 under section 144 of Cr.P.C./721
ORDER
(UNDER SECTION 144 OF Cr. P.C.)
State Represented by the Station House Officer, Muthialpet Police Station, Puducherry.
.... Petitioner
Vs
Thiru Sathish (24), S/o. Sivakumar, No. 24, Maravady Street, Kurusukuppam, Muthialpet, Puducherry.
.... Counter Petitioner
This petition along with case sheet is filed by Station House Officer, Thiru G. Kalaiarasan, Sub-Inspector, Muthialpet Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C. against Thiru Sathish to prevent imminent danger to human lives and properties and disturbance to the public tranquility and order, in the jurisdiction of this Court.
2. The Counter Petitioner is Sathish, s/o. Sivakumar, a resident of No. 24, Maravady Street, Kurusukuppam, Muthialpet, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case submitted by the Station House Officer, Muthialpet Police Station, Puducherry, with the recommendation of the Superintendent of Police (East), Puducherry vide I.R.No. 26/2020 under section 144 of Cr.P.C., dated 16-11-2020. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime such as murder, intimidation, hurt, extortion, rioting, Arms Act, annoyance and disturbance to the public tranquility and order. The Counter Petitioner has created panic in the minds of local inhabitants and the business people in the Muthialpet Police Station, Puducherry, limits. It is also stated that he is leading lavish life with the money earned from the public and business people by threatening. As a result the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.
1 Cr.No. 25/2019 under sections 294(B), 323, 324, 427, 506(ii) IPC r/w 34 IPC, dated 29-03-2019 of Muthialpet Police Station, Puducherry – Pending Trial.
2 Cr.No. 94/2019 under sections 120-B, 148, 341, 302, 109 IPC r/w 149 IPC, dated 08-12-2019 of Muthialpet Police Station, Puducherry – Pending Trial.
PART-I ] LA GAZETTE DE L'ETAT 6054. The Petitioner has also submitted that the Counter Petitioner is not a law abiding citizen and he has often violated the conditions imposed by the Court while he was released on bail. It is also stated that the Counter Petitioner have become a source of terror among the public and to meet expenses in connection with the trial in the pending criminal cases against him. It is further stated that he is very active notorious rowdy element and therefore, his criminal activities cannot be prevented by invoking the mere security proceedings under the Cr.P.C.
5. The Petitioner further submitted that if, Counter Petitioner is allowed to reside in Puducherry limits, it is apprehended that he would continue to indulge in serious offences like attempt to murder, hurt, damages, assault and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Station House Officer, Muthialpet Police Station, Puducherry, has prayed to invoke provisions under section 144 of Cr.P.C. against the Counter Petitioner do 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;
6. 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, Muthialpet Police Station, Puducherry. During the course of enquiry on 18-02-2021, both the Petitioner and Counter Petitioner were called absent. Hence, petition dismissed for default due to absence of Petitioner.
7. On 01-03-2021, the Station House Officer, Muthialpet Police Station, Puducherry, filed a restoration petition. A notice was served to both the parties on 01-03-2021 to appear for the hearing on 03-03-2021 at 11.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Muthialpet Police Station, Puducherry. The notice for the Counter Petitioner was received by his sister, S. Snega. The service was held sufficient for the Counter Petitioner.
8. On 03-03-2021, the Petitioner Thiru G. Kalaiarasan,Sub-Inspector, Muthialpet Police Station, Puducherry, 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 the activities of Thiru Sathish is in such a manner that they may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 2 criminal cases registered against him in Muthialpet Police Station from 2019 onwards. All 2 cases are pending trial before the 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, assault, annoyance, damages to 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;
LA GAZETTE DE L'ETAT [ PART-I 606 606Hence, I, M. Kandasamy, do hereby, 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 the Counter Petitioner Thiru Sathish, s/o. Sivakumar, a resident of No. 24, Maravady Street, Kurusukuppam, Muthialpet, 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 03rd day of March, 2021, pronounced in the open Court.
M. KANDASAMY, Subdivisional Magistrate (North).
————
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 45/2021 of I.R. No. 33/2020 under section 144 of Cr.P.C./720
ORDER
(UNDER SECTION 144 OF Cr. P.C.)
State Represented by the Station House Officer, Muthialpet Police Station, Puducherry.
.... Petitioner
Vs
Thiru Vinoth, S/o. Kathiravan, Kurusukuppam, Muthialpet, Puducherry.
.... Counter Petitioner
This petition along with case sheet is filed by Station House Officer, Thiru G. Kalaiarasan, Sub-Inspector, Muthialpet Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C. against Thiru Vinoth to prevent imminent danger to human lives and properties and disturbance to the public tranquility and order, in the jurisdiction of this Court.
2. The Counter Petitioner is Vinoth, s/o. Kathiravan, a resident of Kurusukuppam, Muthialpet, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case submitted by the Station House Officer, Muthialpet Police Station, Puducherry, through the Superintendent of Police (East), Puducherry vide I.R.No. 33/2020 under section 144 of Cr.P.C., dated 23-11-2020. Therein, it has been stated that the Counter Petitioner have formed a gang of rowdies and bent upon indulging in crimePART-I ] LA GAZETTE DE L'ETAT 607 such as criminal intimidation, hurt, extortion, disturbance to the public tranquility and order. The Counter Petitioner has created panic in the minds of local inhabitants and the business people in the Muthialpet Police Station, Puducherry, limits. It is also stated that he is leading lavish life with the money earned from the public and business people by threatening. As a result the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.
1. Cr.No. 296/2005 under sections 147, 148, 448, 427, 337, 336, 506(ii) r/w 149 IPC, dated 06-12-2005 of Muthialpet Police Station, Puducherry – Pending Trial.
2. Cr.No. 87/2005 under sections 448, 427 ,324, 323 r/w 34 IPC, dated 18-05-2005 of Muthialpet Police Station, Puducherry – Acquitted.
3. Cr.No. 147/2006 under sections 147, 148, 448, 427, 324, 506(ii) r/w 149 IPC of Muthialpet Police Station, Puducherry – Pending Trial.
4. Cr.No. 39/2007 under sections 324, 506 IPC r/w 34 IPC, dated 11-02-2007 of Muthialpet Police Station, Puducherry – Pending Trial.
5. Cr.No. 193/2010 under section 160 IPC, dated 18-08-2010 of Muthialpet Police Station, Puducherry – Convicted.
6. Cr.No. 33/2012 under sections 147, 427, 324, 506(ii) r/w 149 IPC, dated 06-02-2012 of Muthialpet Police Station, Puducherry – Pending Trial.
7. Cr.No. 78/2015 under sections 294 (b), 323, 324, 427, 506(ii) IPC r/w 34 IPC of Muthialpet Police Station, Puducherry – Pending Trial.
8. Cr.No. 02/2016 under sections 294(b), 506(ii) r/w 34 IPC of Muthialpet Police Station, Puducherry – Pending Trial.
9. Cr.No. 05/2016 under sections 294(b), 509, 506(ii) r/w 34 IPC of Muthialpet Police Station, Puducherry – Under Investigation.
10. IR.No. 45/2016 under sections 151 Cr.P.C., dated 13-04-2016 of Muthialpet Police Station, Puducherry – Closed.
11. IR.No. 128/2016 under sections 110 Cr.PC., dated 08-11-2016 of Muthialpet Police Station, Puducherry – Closed.
12. Cr.No. 97/2018 under sections 147, 148, 341, 302, 120-B, 109 IPC r/w 149 IPC of Muthialpet Police Station, Puducherry – Pending Trial.
13. Cr.No. 94/2019 under sections 120 (b), 147, 148, 302 IPC r/w 149 IPC of Muthialpet Police Station, Puducherry – Pending Trial.
4. The Petitioner has also submitted that the Counter Petitioner is not a law abiding citizen and he has often violated the conditions imposed by the Court while he was released on bail. It is also stated that the Counter Petitioner had become a source of terror among the public. It is further stated that he is very active notorious rowdy element and therefore, his criminal activities cannot be prevented by invoking the mere security proceedings under the Cr.P.C.
LA GAZETTE DE L'ETAT [ PART-I 608 6085. The Petitioner further submitted that if, Counter Petitioner is allowed to reside in Puducherry limits, it is apprehended that he would continue to indulge in serious offences like attempt to murder, hurt, damages, assault and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Station House Officer, Muthialpet Police Station, Puducherry, has prayed to invoke provisions under section 144 of Cr.P.C. against the Counter Petitioner do 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;
6. 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, Muthialpet Police Station, Puducherry. During the course of enquiry on 18-02-2021, both the Petitioner and Counter Petitioner were called absent. Hence, petition dismissed for default due to absence of Petitioner.
7. On 01-03-2021, the Station House Officer, Muthialpet Police Station, Puducherry, filed a restoration petition. A notice was served to both the parties on 01-03-2021 to appear for the hearing on 03-03-2021 at 11.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Muthialpet Police Station, Puducherry. The notice for the Counter Petitioner was received by his wife, Tmt. V. Anbarasi. The service was held sufficient for the Counter Petitioner.
8. On 03-03-2021, the Petitioner Thiru G. Kalaiarasan, Sub-Inspector, Muthialpet Police Station, Puducherry and the Counter Petitioner were present. The learned Counsel, Thiru B. Narasimmabalan, was present and represented on behalf of the Counter Petitioner.
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 the activities of Thiru Vinoth is in such a manner that they may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 13 criminal cases registered against him in various Police Stations from 2005 onwards among which 9 cases are pending trial before the Hon'ble Courts. I have also heard the oral submission of the counsel for the Counter Petitioner. The learned Counsel for Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.
10. Up on hearing both sides and 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, assault, damages to 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;
PART-I ] LA GAZETTE DE L'ETAT 609Hence, I, M. Kandasamy, do hereby, 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 the Counter Petitioner Thiru Vinoth, s/o. Kathiravan, a resident of Kurusukuppam, Muthialpet, 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 03rd day of March, 2021, pronounced in the open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
————
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 46/2021 of I.R. No. 85/2020 under section 144 of Cr.P.C./703
ORDER
(UNDER SECTION 144 OF Cr. P.C.)
State Represented by the Station House Officer, Lawspet Police Station, Puducherry.
.... Petitioner
Vs
Thiru Vetri @ Vetri Murugan (24), S/o. Muthu, No. 59, Edayanchavady road, Karuvadikuppam, Lawspet, Puducherry.
.... Counter Petitioner
This petition along with case sheet filed by Station House Officer, represented by Thiru D. Dhananjean, Assistant Sub-Inspector, Lawspet, Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C against Thiru Vetri @ Vetri Murugan, to prevent imminent danger to human lives and properties and disturbance to the public tranquility and order in the jurisdiction of this Court.
2. The Counter Petitioner Vetri @ Vetri Murugan, a resident of Quarters No. 59, Edayanchavady road, Karuvadikuppam, Lawspet, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case referred by the Station House Officer, Lawspet Police Station, Puducherry, with the recommendation of the Superintendent of Police (North), PuducherryLA GAZETTE DE L'ETAT [ PART-I 610 610 vide I.R.No. 85/2020 under section 144 of Cr.P.C., dated 28-12-2020 that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime such as murder, attempt to murder, violence, intimidation, assault, disturbance to the public tranquility and order. The Counter Petitioner has created panic in the minds of local inhabitants and the business people in the Lawspet Police Station, Puducherry limits. As a result the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.
(i) Cr.No. 65/2018 under sections 147, 148, 326, 307, IPC r/w 149 IPC of Muthialpet Police Station, Puducherry.
(ii) Cr.No. 294/2019 under sections 147, 148, 307, 302, 120(B), 352, 324, 326 r/w 149 of Vadalur Police Station, Tamil Nadu.
4. The Petitioner has also submitted that the Counter Petitioner 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 further submitted that if, Counter Petitioner is allowed to reside in Lawspet limits, it is apprehended that he would continue to indulge in serious offences like assault, explodes country made bombs, criminal intimidation, obstructions, annoyance, etc., and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Station House Officer, Lawspet Police Station, Puducherry has prayed to invoke provisions under sections 144 of Cr.P.C. against the Counter Petitioner do 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;
6. 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 16-02-2021 and 22-02-2021 to appear for the hearing on 22-02-2021, 02-03-2021 at 11.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Lawspet Police Station, Puducherry. The notice for the Counter Petitioner was received by his father Thiru Muthu.
7. On 02-03-2021, the Petitioner represented by Thiru D. Dhananjean, Assistant Sub-Inspector, Lawspet Police Station, Puducherry and the Counter Petitioner were present.
8. 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 the activities of Thiru Vetri @ Vetri Murugan, is in such a manner that they may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, obstructions and annoyance, unlawful activities and disturbance to the public peace and order. There are 2 criminal cases registered against him in the Police Stations. All 2 cases are Pending Trial before the Hon'ble Courts. I have also heard the oral submission of the Counter Petitioner. The Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.
PART-I ] LA GAZETTE DE L'ETAT 6119. Up on hearing both sides and on perusal of the records submitted by the Petitioner and the recommendation of the Superintendent of Police (North), 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, 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 hereby, 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 the Counter Petitioner Thiru Vetri @ Vetri Murugan, a resident of Quarters No. 59, Edayanchavady Road, Karuvadikuppam, Lawspet, 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 02nd day of March, 2021, pronounced in the open Court.
M. KANDASAMY, Subdivisional Magistrate (North).
————
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 47/2021 of I.R.No. 86/2020 under section 144 of Cr.P.C./702
ORDER
(UNDER SECTION 144 OF Cr. P.C.)
State Represented by the Station House Officer, Lawspet Police Station, Puducherry.
.... Petitioner
Vs
Thiru Mohanraj (23), S/o. Selvam, Ponniamman Koil Street, Karuvadikuppam, Lawspet, Puducherry.
.... Counter PetitionerLA GAZETTE DE L'ETAT [ PART-I 612 612 This petition along with case sheet filed by Station House Officer, represented by Thiru D. Dhananjean, Assistant Sub-Inspector, Lawspet Police Station, Puducherry, praying to pass orders under sections 144 Cr.P.C .against Thiru Mohanraj, 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 Mohanraj, a resident of Ponniamman Koil Street, Karuvadikuppam, Lawspet, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case referred by the Station House Officer, Lawspet Police Station, Puducherry, with the recommendation of the Superintendent of Police (North), Puducherry vide I.R.No. 86/2020 under section 144 of Cr.P.C., dated, 29-12-2020 that the Counter Petitioner has formed a gang of rowdies and bent up on indulging in crime such as murder, attempt to murder, violence, intimidation, assault, disturbance to the public tranquility and order. The Counter Petitioner has created panic in the minds of local inhabitants and the business people in the Lawspet Police Station, Puducherry limits. As a result the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.
(i) Cr.No. 65/2018 under sections 147, 148, 326, 307, IPC r/w 149 IPC of Muthialpet Police Station, Puducherry.
(ii) Cr.No. 294/2019 under sections 147, 148, 307, 302, 120(B), 352, 324, 326 r/w 149 of Vadalur Police Station, Tamil Nadu.
4. The Petitioner has also submitted that the Counter Petitioner 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 further submitted that if, Counter Petitioner is allowed to reside in Lawspet limits, it is apprehended that he would continue to indulge in serious offences like assault, explodes country made bombs, criminal intimidation, obstructions, annoyance, etc., and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Station House Officer, Lawspet Police Station, Puducherry, has prayed to invoke provisions under sections 144 of Cr.P.C. against the Counter Petitioner do 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;
6. 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 16-02-2021 and 22-02-2021 to appear for the hearing on 22-02-2021, 02-03-2021 at 11.00 a.m.. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Lawspet Police Station, Puducherry. The notice for the Counter Petitioner was received by his father Thiru Selvam.
7. On 02-03-2021, the Petitioner represented by Thiru D. Dhananjean, Assistant Sub-Inspector, Lawspet Police Station, Puducherry and the Counter Petitioner were present.
PART-I ] LA GAZETTE DE L'ETAT 6138. 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 the activities of Thiru Mohanraj is in such a manner that they may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, obstructions and annoyance, unlawful activities and disturbance to the public peace and order. There are 2 criminal cases registered against him in the Police Stations. All 2 cases are pending trial before the Hon'ble Courts. I have also heard the oral submission of the Counter Petitioner. The Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.
9. Up on hearing both sides and on perusal of the records submitted by the Petitioner and the recommendation of the Superintendent of Police (North), 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, 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 hereby, 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 the Counter Petitioner Thiru Mohanraj, a resident of Ponniamman Koil Street, Karuvadikuppam, Lawspet, 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 02nd day of March, 2021, pronounced in the open Court.
M. KANDASAMY, Subdivisional Magistrate (North).
————
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 48/2021 of I.R. No. 87/2020 under section 144 of Cr.P.C./701
ORDER
(UNDER SECTION 144 OF Cr. P.C.)
State Represented by the Station House Officer, Lawspet Police Station, Puducherry.
.... Petitioner
VsLA GAZETTE DE L'ETAT [ PART-I 614 614 Thiru Bharathi @ Parthiban (28), S/o. Balasubramanian, No.70, Mariamman Koil Street, Maduvupet, Lawspet, Puducherry.
.... Counter Petitioner
This petition along with case sheet filed by Station House Officer, represented by Thiru D. Dhananjean, Assistant Sub-Inspector, Lawspet Police Station, Puducherry, praying to pass order under sections 144 of Cr.P.C. against Thiru Bharathi @ Parthiban, to prevent imminent danger to human lives and properties and disturbance to the public tranquility and order in the jurisdiction of this Court.
2. The Counter Petitioner Bharathi @ Parthiban, a resident of No. 70, Mariamman Koil Street, Maduvupet, Lawspet, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case referred by the Station House Officer, Lawspet Police Station, Puducherry with the recommendation of the Superintendent of Police (North), Puducherry vide I.R.No. 87/2020, under sections. 144 of Cr.P.C., dated, 30-12-2020 that the Counter Petitioner has formed a gang of rowdies and bent up on indulging in crime such as murder, violence, intimidation, dacoity, hurt, explosive cases, assault, disturbance to the public tranquility and order. The Counter Petitioner has created panic in the minds of local inhabitants and the business people in the Lawspet Police Station, Puducherry limits. As a result the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.
(i) Cr.No. 172/2010 under sections 147, 148, 302, 303 r/w 149 IPC & 27 of Arms Act of Odiansalai Police Station, Puducherry.
(ii) Cr.No. 210/2011 under sections 399, 402 IPC r/w 149 IPC & 27 of Arms Act of Grand Bazaar Police Station, Puducherry.
(iii) Cr.No. 38/2017 under sections 324, 506(ii) IPC of Lawspet Police Station, Puducherry.
(iv) Cr.No. 33/2019 under sections 399, 402 IPC & 27 of Arms Act 1959 @ 399, 402 IPC and 3 of Explosive Substances Act, 1908, dated 19-03-2019 of Lawspet Police Station, Puducherry.
(v) Cr.No. 294/2019 under sections 147, 148, 307, 302, 120(B), 352, 324,326 r/w 149 of Vadalur Police Station, Tamil Nadu.
4. The Petitioner has also submitted that the Counter Petitioner 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 further submitted that if, Counter Petitioner is allowed to reside in Lawspet limits, it is apprehended that he would continue to indulge in serious offences like assault, explodes country made bombs, criminal intimidation, obstructions, annoyance, etc., and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Station House Officer, Lawspet Police Station, Puducherry, has prayed to invoke provisions uuderPART-I ] LA GAZETTE DE L'ETAT 615 sections 144 of Cr.P.C. against the Counter Petitioner do 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;
6. 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 16-02-2021 and 22-02-2021 to appear for the hearing on 22-02-2021, 02-03-2021 at 11.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Lawspet Police Station, Puducherry. The notice for the Counter Petitioner was received by his mother Tmt. Jayalatchumy. The service was held sufficient for the Counter Petitioner.
7. On 02-03-2021, the Petitioner represented by Thiru D. Dhananjean, Assistant Sub-Inspector, Lawspet Police Station, Puducherry was present. The Counter Petitioner has failed to appear before the Court on hearing date.
8. 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 the activities of Thiru Bharathi @ Parthiban is in such a manner that they may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, obstructions and annoyance, unlawful activities and disturbance to the public peace and order. There are 5 criminal cases registered against him in Police Stations, among which 3 cases are pending trial before the Hon'ble Courts.
9. On perusal of the records submitted by the Petitioner and the recommendation of the Superintendent of Police (North), 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, 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 hereby, 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 the Counter Petitioner Thiru Bharathi @ Parthiban, a resident of No. 70, Mariamman Koil Street, Maduvupet, Lawspet, Puducherry, from entering into the region under the jurisdiction of the Sub Divisional 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 02nd day of March, 2021, pronounced in the open Court.
M. KANDASAMY, Subdivisional Magistrate (North).
LA GAZETTE DE L'ETAT [ PART-I 616 616IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 49/2021 of I.R.No. 03/2020 under section 144 of Cr.P.C./699
ORDER
(UNDER SECTION 144 OF Cr. P.C.)
State Represented by the Station House Officer, Lawspet Police Station, Puducherry.
.... Petitioner
Vs
Thiru Janarthanan (30), S/o. Kumar, No. 125, Edayanchavady road, Karuvadikuppam, Lawspet, Puducherry.
.... Counter Petitioner
This petition along with case sheet filed by Station House Officer, represented by Thiru D. Dhananjean, Assistant Sub-Inspector, Lawspet Police Station, Puducherry, praying to pass orders under sections 144 of Cr.P.C. against Thiru Janarthanan to prevent imminent danger to human lives and properties and disturbance to the public tranquility and order, in the jurisdiction of this Court.
2. The Counter Petitioner Janarthanan, a resident of No. 125, Edayanchavady Road, Karuvadikuppam, Lawspet, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case referred by the Station House Officer, Lawspet Police Station, Puducherry, with the recommendation of the Superintendent of Police (North), Puducherry vide I.R.No. 03/2021 under section 144 of Cr.P.C., dated 13-01-2021 that the Counter Petitioner have formed a gang of rowdies and bent upon indulging in crime such as hurt, extortion, violence, intimidation, explosive cases, assault, disturbance to the public tranquility and order. The Counter Petitioner has created panic in the minds of local inhabitants and the business people in the Lawspet Police Station, Puducherry limits. As a result, the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.
(i) Cr.No. 167/2011 under sections 294, 323, 506(ii) IPC of Lawspet Police Station, Puducherry.
(ii) Cr.No. 180/2011 under sections 341, 294, 323, 506(ii) IPC r/w 34 IPC of Lawspet Police Station, Puducherry.
(iii) Cr.No. 181/2011 under sections 150, 402, 399 IPC & 25 (1-AAA) of Arms Act, 1959 & 5 of Explosive Substances Act, 1908 of Lawspet Police Station, Puducherry.
PART-I ] LA GAZETTE DE L'ETAT 617(iv) Cr.No. 27/2017 under sections 148, 341, 294(b), 323, 364(A), 347, 386, IPC r/w 149 IPC, dated 15-04-2017 of Muthialpet Police Station, Puducherry.
4. The Petitioner has also submitted that the Counter Petitioner 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 further submitted that if, Counter Petitioner is allowed to reside in Lawspet, Puducherry limits, it is apprehended that he would continue to indulge in serious offences like assault, explodes country made bombs, criminal intimidation, obstructions, annoyance, etc., and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Station House Officer, Lawspet Police Station, Puducherry, has prayed to invoke provisions under sections 144 of Cr.P.C. against the Counter Petitioner do 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;
6. 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 16-02-2021 and 22-02-2021 to appear for the hearing on 22-02-2021, 02-03-2021 at 11.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Lawspet Police Station, Puducherry. The notice for the Counter Petitioner was received by his mother Tmt. Pushpa. The service was held sufficient for the Counter Petitioner.
7. On 02-03-2021, the Petitioner represented by Thiru D. Dhananjean, Assistant Sub-Inspector, Lawspet Police Station, Puducherry, was present. The Counter Petitioner has failed to appear before the Court on hearing date.
8. 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 the activities of Thiru Janarthanan is in such a manner that they may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as assault, obstructions and annoyance, unlawful activities and disturbance to the public peace and order. There are 4 criminal cases registered against him in Police Stations. All 4 cases are pending trial before the Hon'ble Courts.
9. On perusal of the records submitted by the Petitioner and the recommendation of the Superintendent of Police (North), 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 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;
LA GAZETTE DE L'ETAT [ PART-I 618 618Hence, I, M. Kandasamy, do hereby, 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 the Counter Petitioner Thiru Janarthanan, a resident of No. 125, Edayanchavady Road, Karuvadikuppam, Lawspet, 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 02nd day of March, 2021 pronounced in the open Court.
M. KANDASAMY, Subdivisional Magistrate (North).
————
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 50/2021 of I.R.No. 04/2020 under section 144 of Cr.P.C./700
ORDER
(UNDER SECTION 144 OF Cr. P.C.)
State Represented by the Station House Officer, Lawspet Police Station, Puducherry.
.... Petitioner
Vs
Thiru Segar @ Methu Segar, @ Rajasegar (30), S/o. Perumal, No.01, Dr. Ramadass Street, Nerupukuzhi, Lawspet, Puducherry.
.... Counter Petitioner
This petition along with case sheet filed by Station House Officer, represented by Thiru D. Dhananjean, Assistant Sub-Inspector, Lawspet Police Station, Puducherry, praying to pass orders under sections 144 of Cr.P.C. against Thiru Segar @ Methu Segar @ Rajasegar, to prevent imminent danger to human lives and properties and disturbance to the public tranquility and order in the jurisdiction of this Court.
2. The Counter Petitioner Segar @ Methu Segar @ Rajasegar, a resident of No. 01, Dr. Ramadass Street, Nerupukuzhi, Lawspet, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case referred by the Station House Officer, Lawspet Police Station, Puducherry, with the recommendation of the Superintendent of Police (North), Puducherry vide I.R.No. 04/2021 under section 144 of Cr.P.C., dated. 14-01-2021 that the CounterPART-I ] LA GAZETTE DE L'ETAT 619 Petitioner has formed a gang of rowdies and bent up on indulging in crime such as murder, violence, intimidation, riot, explosive cases, assault, disturbance to the public tranquility and order. The Counter Petitioner has created panic in the minds of local inhabitants and the business people in the Lawspet Police Station, Puducherry limits. As a result the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.
(i) Cr.No. 172/2010 under sections 147, 148, 302 IPC & 27 of Arms Act of Odiansalai Police Station, Puducherry.
(ii) Cr.No. 21/2011 under sections 341, 324, 323, 506(II) IPC r/w 34 IPC & 27 of Arms Act of Lawspet Police Station, Puducherry.
(iii) Cr.No. 11/2016 under sections 341, 307 IPC r/w 34 IPC of Lawspet Police Station, Puducherry.
(vi) Cr.No. 33/2019 under sections 399, 402 IPC & 27 of Arms Act 1959 @ 399, 402 IPC & 3 of Explosive Substances Act, 1908, dated 19-03-2019 of Lawspet Police Station, Puducherry.
(v) Cr.No. 210/2020, under section 7(3) r/w 5 of Lottery Regulation Act, 1998 & 420 IPC, r/w 34 IPC of Lawspet Police Station, Puducherry.
4. The Petitioner has also submitted that the Counter Petitioner 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 further submitted that if, Counter Petitioner is allowed to reside in Lawspet limits, it is apprehended that he would continue to indulge in serious offences like assault, explodes country made bombs, criminal intimidation, obstructions, annoyance, etc., and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Station House Officer, Lawspet Police Station, Puducherry, has prayed to invoke provisions under sections 144 of Cr.P.C. against the Counter Petitioner do 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;
6. 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 16-02-2021 to appear for the hearing on 22-02-2021, 02-03-2021 at 11.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Lawspet Police Station, Puducherry. The notice was received by the Counter Petitioner.
7. On 02-03-2021, the Petitioner represented by Thiru D. Dhananjean, Assistant Sub-Inspector, Lawspet Police Station, Puducherry and the Counter Petitioner were present.
8. 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 the activities of Thiru Segar @ Methu Segar @ Rajasegar, is in such a manner that they may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault,LA GAZETTE DE L'ETAT [ PART-I 620 620 obstructions and annoyance, unlawful activities and disturbance to the public peace and order. There are 5 criminal cases registered against him in Police Stations. All cases are pending trial before the Hon'ble Courts. I have also heard the oral submission of the Counter Petitioner. The Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.
9. Up on hearing both sides and on perusal of the records submitted by the Petitioner and the recommendation of the Superintendent of Police (North), 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, 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 hereby, 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 the Counter Petitioner Thiru Segar @ Methu Segar @ Rajasegar, a resident of No. 01, Dr. Ramadass Street, Nerupukuzhi, Lawspet, 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 02nd day of March, 2021, pronounced in the open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
————
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 51/2021 of I.R.No. 45/2020 under section 144 of Cr.P.C./709
ORDER
(UNDER SECTION 144 OF Cr. P.C.)
State Represented by the Station House Officer,
Mettupalayam Police Station, Puducherry.
.... Petitioner
VsPART-I ] LA GAZETTE DE L'ETAT 621 Thiru Sarath @ Sarathkumar (23),
S/o. Ramadass,
No.95, Gandhi Street,
Gandhi Thirunallur,
Muthirapalayam,
Puducherry.
.... Counter Petitioner
This petition along with case sheet is filed by Station House Officer represented by Thiru R. Kumar, Sub-Inspector, Mettupalayam Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C. against Thiru Sarath @ Sarathkumar to prevent imminent danger to human lives and properties, and disturbance to the public tranquility and order, in the jurisdiction of this Court.
2. The Counter Petitioner is Sarath @ Sarathkumar, s/o. Ramadass, a resident of No. 95, Gandhi Street, Gandhi Thirunallur, Muthirapalayam, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case is submitted by the Station House Officer, Mettupalayam Police Station, Puducherry, with the recommendation of the Superintendent of Police (North), Puducherry vide I.R. No. 45/2020, under section 144 of Cr.P.C., dated 26-12-2020. Therein, it has been stated that the Counter Petitioner have formed a gang of rowdies and indulging in crime such as attempt to murder by using lethal weapons. The Counter Petitioner has created panic in the minds of local inhabitants. It is also stated that he is leading lavish life with the money earned through extortion. As a result the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the Petitioner had stated that the following criminal case was registered against the Counter Petitioner.
(i) Cr.No. 293/2020 under sections 302 r/w 34 IPC @ 147, 148, 302 r/w 149 IPC, dated 30-09-2020 of D'Nagar Police Station, Puducherry.
4. The Petitioner further submitted that the Counter Petitioner was very active notorious rowdy element and become a source of terror among the public.
It is also stated that he has involved in various offences by using aruval, knife and explosive substances to attack the victims and he violated the conditions imposed by the Criminal Courts and has scant respect to the judiciary and rule of law.
5. The Petitioner further submitted that if Counter Petitioner is allowed to reside in Puducherry urban limits, it is apprehended that he would continue to indulge in serious offences like murder, assault, extortion, 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, Mettupalayam Police Station, Puducherry, has prayed to invoke provisions under section 144 of Cr.P.C. against the Counter Petitioner do 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 of citizens and uphold public peace and order.
LA GAZETTE DE L'ETAT [ PART-I 622 6226. 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 24-02-2021 to appear for the hearing on 04-03-2021 and 08-03-2021 at 11.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Mettupalayam Police Station, Puducherry. The notice for the Counter Petitioner was received by his mother, Tmt. Devi. The service was held sufficient for the Counter Petitioner.
7. On 08-03-2021, the Petitioner represented by Thiru R. Kumar, Sub-Inspector, Mettupalayam Police Station, Puducherry, was present. The Counter Petitioner has failed to appear before the Court on hearing date.
8. 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 the activities of Thiru Sarath @ Sarathkumar is in such a manner that they may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There is one criminal case registered against him in D' Nagar Police Station, Puducherry.
9. On perusal of the records submitted by the Petitioner and the recommendation of the Superintendent of Police (North), 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, assault, extortion, 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. 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 hereby, 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 the Counter Petitioner Thiru Sarath @ Sarathkumar, s/o. Ramadass, a resident of No. 95, Gandhi Street, Gandhi Thirunallur, Muthirapalayam, 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 March, 2021, pronounced in the open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
PART-I ] LA GAZETTE DE L'ETAT 623IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 53/2021 of I.R. No. 01/2021 under section 144 of Cr.P.C./698
ORDER
(UNDER SECTION 144 OF Cr. P.C.)
State Represented by the Station House Officer, Mettupalayam Police Station, Puducherry.
.... Petitioner
Vs
Thiru Dhinesh @ Kokkadi (22), S/o. Rajendiran, No.28, Pump House Street, Seran Nagar, Muthirapalayam, Puducherry.
.... Counter Petitioner
This petition along with case sheet is filed by Station House Officer, Mettupalayam Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C. against Thiru Dhinesh @ Kokkadi to prevent imminent danger to human lives and properties, and disturbance to the public tranquility and order, in the jurisdiction of this Court.
2. The Counter Petitioner is Dhinesh @ Kokkadi, son of Rajendiran, a resident of No.28, Pump House Street, Seran Nagar, Muthirapalayam, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case is submitted by the Station House Officer, Mettupalayam Police Station, Puducherry, with the recommendation of the Superintendent of Police (North), Puducherry vide I.R.No.01/2021, under section 144 of Cr.P.C., dated 03-01-2021. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and involved in murder, rioting and indulging in crimes such as by using lethal weapons and extortion. It is also stated that the Counter Petitioner has created panic in the minds of local inhabitants and he is leading lavish life with the money earned through extortion. As a result the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.
1. Cr.No. 77/2017 under sections 147, 148, 294(b), 324, 506(i) r/w 149 IPC, dated 29-03-2017 of D'Nagar Police Station, Puducherry – Pending Trial.
2. Cr.No. 94/2019 under sections 147, 148, 294(b), 307, 302, 120-B IPC r/w 149 IPC, 73 of Explosive Substances Act, of Vanur Police Station, Tamil Nadu – Pending Trial.
LA GAZETTE DE L'ETAT [ PART-I 624 6243. Cr.No. 11/2020 under sections 294(b), 427, 324, 506(ii) r/w 34 IPC, dated 15-04-2020 of D'Nagar Police Station, Puducherry – Pending Trial.
4. The Petitioner further submitted that the Counter Petitioner was very active notorious rowdy element and become a source of terror among the public. It is also stated that he has involved in various offences by using aruval, knife to attack the victims and he violated the conditions imposed by the Criminal Courts and have scant respect to the judiciary and rule of law.
5. The Petitioner further submitted that if, Counter Petitioner is allowed to reside in Mettupalayam Police Station, Puducherry, limits, it is apprehended that he would continue to indulge in serious offences like hurt, 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, Mettupalayam Police Station, Puducherry, has prayed to invoke provisions under section 144 of Cr.P.C. against the Counter Petitioner to 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 of citizens and uphold public peace and order.
6. 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 24-02-2021 to appear for the hearing on 04-03-2021, 08-03-2021 and 10-03-2021 at 11.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Mettupalayam Police Station, Puducherry. The notice for the Counter Petitioner was served by affixing it at his house in presence of two witnesses due to absence of the Counter Petitioner at his house. The Service was held sufficient for the Counter Petitioner.
7. On 10-03-2021, the Petitioner V. Sivakumar, Sub-Inspector, Mettupalayam Police Station, Puducherry, was present. The Counter Petitioner has failed to appear before the Court on hearing date.
8. 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 the activities of Thiru Dhinesh @ Kokkadi, is in such a manner that they may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are three criminal cases were registered against him in various Police Stations.
9. On perusal of the records submitted by the Petitioner and the recommendation of the Superintendent of Police (North), 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, assault, extortion, 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. 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.
PART-I ] LA GAZETTE DE L'ETAT 625Hence, I, M. Kandasamy, do hereby, 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 the Counter Petitioner Thiru Dhinesh @ Kokkadi, s/o. Rajendiran, a resident of No. 28, Pump House Street, Seran Nagar, Muthirapalayam, 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 10th day of March, 2021 pronounced in the open Court.
M. KANDASAMY, Subdivisional Magistrate (North).
————
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 54/2021 of I.R. No. 03/2021 under section 144 of Cr.P.C./710
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer, Mettupalayam Police Station, Puducherry.
.... Petitioner
Vs
Thiru Vijay @ Kakka Viji (36), S/o. Senathibathy, No. 07, 2nd Cross, Anna Street, Shanmugapuram, Puducherry.
.... Counter Petitioner
This petition along with case sheet is filed by Station House Officer represented by Thiru R. Kumar, Sub-Inspectos, Mettupalayam Police Station, Puducherry, praying to pass orders Under section 144 of Cr.P.C. against Thiru Vijay @ Kakka Viji to prevent imminent danger to human lives and properties and disturbance to the public tranquility and order, in the jurisdiction of this Court.
2. The Counter Petitioner is Vijay @ Kakka Viji, s/o. Senathibathy, a resident of No. 07, 2nd Cross, Anna Street, Shanmughapuram, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case is submitted by the Station House Officer, Mettupalayam Police Station, Puducherry, with the recommendation of the Superintendent of Police (North), PuducherryLA GAZETTE DE L'ETAT [ PART-I 626 626 vide., I.R.No. 03/2021, under section 144 of Cr.P.C., dated. 19-01-2021. Therein, it has been stated that the Counter Petitioner has indulging in crime such as murder, attempt to murder, hurt and disturbance to the public tranquility and order. The Counter Petitioner has created panic in the minds of local inhabitants. It is also stated that he is leading lavish life with the money earned through extortion. As a result the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.
1. Cr.No. 134/2014 under section 302 IPC r/w 34 IPC @ 147, 148, 452, 302 IPC r/w 149 IPC, dated 06-11-2014 of Reddiarpalayam Police Station, Puducherry – Pending Trial.
2. Cr.No. 50/2012 under section 25(1-a) of Arms Act, 1959, dated 13-03-2012 of Mettupalayam Police Station, Puducherry – Pending Trial.
3. Cr.No. 277/2011 under section 25(1-a) of Arms Act, 1959, dated 19-12-2011 of Mettupalayam Police Station, Puducherry – Pending Trial.
4. Cr.No. 42/2010 under section 27(1-a) of Arms Act, 1959 and 506 (ii) IPC, dated 07-02-2010 of D'Nagar Police Station, Puducherry – Acquitted.
5. Cr.No. 200/2009 under sections 147, 148, 341, 307 IPC r/w 149 IPC, dated 24-11-2009 of Reddiyarpalayam Police Station, Puducherry – Pending Trial.
6. Cr.No. 315/2007 under sections 302, 201 IPC, dated 06-10-2007 of Auroville Police Station, Puducherry – Acquitted.
7. Cr.No. 287/2005 under section 324 IPC r/w 34 IPC @ 326, 324 IPC r/w 34 IPC, dated 09-10-2005 of Lawspet Police Station, Puducherry – Acquitted.
8. Cr.No. 09/2004 under sections 324, 323 IPC r/w 34 IPC @ 323, 326 IPC r/w 34 IPC, dated 13-01-2004 of D' Nagar Police Station, Puducherry – Acquitted.
9. Cr.No. 18/2004 under sections 307, 427 IPC r/w 34 IPC, dated 22-01-2004 of D'Nagar Police Station, Puducherry – Acquitted.
10. Cr.No. 05/2003 under sections 341, 323, 506 (ii) IPC r/w 34 IPC, dated 15-01-2003, Lawspet Police Station, Puducherry – Acquitted.
11. Cr.No. 109/2003 under sections 147, 148, 307 IPC r/w 149 IPC, dated 28-06-2003 of Lawspet Police Station, Puducherry – Convicted.
4. The Petitioner further submitted that the Counter Petitioner was very active notorious rowdy element and become a source of terror among the public. It is also stated that he has involved in various offences by using aruval, knife to attack the victims and he violated the conditions imposed by the Criminal Courts and has scant respect to the judiciary and rule of law.
5. The Petitioner further submitted that if Counter Petitioner is allowed to reside in Mettupalayam Police Station, Puducherry, limits, it is apprehended that he would continue to indulge in serious offences like murder, assault, extortion, obstructions, annoyance, damages to public and private properties, etc., andPART-I ] LA GAZETTE DE L'ETAT 627 thereby emerged as a perennial source of threat to the community and disturb public peace and Order. Hence, the Station House Officer, Mettupalayam Police Station, Puducherry, has prayed to invoke provisions under section 144 of Cr.P.C. against the Counter Petitioner to 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 of citizens and uphold public peace and order.
6. 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 24-02-2021 to appear for the hearing on 04-03-2021 and 08-03-2021 at 11.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Mettupalayam Police Station, Puducherry. The notice for the Counter Petitioner was received by his wife, Tmt. V. Kalpana. The Service was held sufficient for the Counter Petitioner.
7. On 08-03-2021, the Petitioner represented by Thiru R. Kumar, Sub-Inspector, Mettupalayam Police Station, Puducherry, was present. The Counter Petitioner has failed to appear before the Court on hearing date.
8. 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 the activities of Thiru Vijay @ Kakka Viji, is in such a manner that they may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, hurt, dacoity, assault, unlawful activities and disturbance to the public peace and order. There are 11 criminal cases were registered against him in various Police Stations.
9. On perusal of the records submitted by the Petitioner and the recommendation of the Superintendent of Police (North), 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, assault, extortion, 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. 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 hereby, 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 the Counter Petitioner Thiru Vijay @ Kakka Viji, s/o. Senathibathy, a resident of No. 07, 2nd Cross, Anna Street, Shanmughapuram, 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 08th day of March, 2021, pronounced in the open Court.
M. KANDASAMY, Subdivisional Magistrate (North).
LA GAZETTE DE L'ETAT [ PART-I 628 628IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 55/2021 of I.R.No. 04/2021 under section 144 of Cr.P.C./696
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer, Mettupalayam Police Station, Puducherry.
.... Petitioner
Vs
Thiru Natarajan @ Katterumbu Natarajan (36), S/o. Palani, No.17, Middle Street, Sanarapet, Mettupalayam, Puducherry.
.... Counter Petitioner
This petition along with case sheet is filed by Station House Officer, Mettupalayam Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C. against Thiru Natarajan @ Katterumbu Natarajan, to prevent imminent danger to human lives and properties and disturbance to the public tranquility and order, in the jurisdiction of this Court.
2. The Counter Petitioner is Natarajan @ Katterumbu Natarajan, s/o. Palani, a resident of No. 17, Middle Street, Sanarapet, Mettupalayam, Puducherry.
3. The facts which led up to the petition are briefly as follows The case is submitted by the Station House Officer, Mettupalayam Police Station, Puducherry, with the recommendation of the Superintendent of Police (North), Puducherry vide., I.R.No. 04/2021, under section 144 of Cr.P.C., dated. 20-01-2021. Therein, it has been stated that the Counter Petitioner have indulging in crimes such as robbery, dacoity, rioting, burglaries, hurt and disturbance to the public tranquility and order. It is also stated that the Counter Petitioner has created panic in the minds of local inhabitants and he is leading lavish life with the money earned through extortion. As a result the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.
1. Cr.No.49/1999 under sections 457, 380 r/w 34 IPC, dated 22-06-1999 of Mettupalayam Police Station, Puducherry – Convicted.
2. Cr.No. 61/2000 under sections 457, 380 r/w 34 IPC, dated 25-08-2000 of Mettupalayam Police Station, Puducherry – Convicted.
3. Cr.No. 97/2000 under sections 452, 324 r/w 34 IPC, dated 12-12-2000 of Mettupalayam Police Station, Puducherry – Acquitted.
PART-I ] LA GAZETTE DE L'ETAT 6294. Cr.No. 120/2001 under sections 341, 323, 506 (i) r/w 34 IPC, dated 20-11-2001 of Mettupalayam Police Station, Puducherry – Compounded.
5. Cr.No. 70/2003 under sections 341, 323, 427 IPC r/w 34 IPC, dated 22-08-2003 of Mettupalayam Police Station, Puducherry – Compounded.
6. Cr.No. 359/2003 under sections 326, 427 r/w 34 IPC, dated 26-09-2003 of Villianur Police Station, Puducherry - Pending Trial.
7. Cr.No. 124/2004 under sections 147, 148, 448, 324, 506 (ii) IPC r/w 149 IPC dated 26-08-2004 of Mettupalayam Police Station, Puducherry – Pending Trial.
8. Cr.No. 436/2005 under sections 392, 397 r/w 120(B) IPC, dated 12-04-2005 of Panruti Police Station, Tamil Nadu – Pending Trial.
9. Cr.No. 21/2007 under section 380 IPC r/w 34 IPC, dated 02-02-2007 of Mettupalayam Police Station, Puducherry – Pending Trial.
10. Cr.No. 114/2009 under sections 457, 380 IPC, dated 04-07-2009 of Mettupalayam Police Station, Puducherry – Pending Trial.
11. Cr.No. 05/2010 under sections 294, 427, 323, 506 (ii) r/w 34 IPC, dated 08-01-2010 of Mettupalayam Police Station, Puducherry – Pending Trial.
12. Cr.No. 14/2010 under sections 341, 324, 506 (ii) r/w 34 IPC, dated 24-01-2010 of Mettupalayam Police Station, Puducherry – Pending Trial.
13. Cr.No. 159/2010 under section 27(1-a) of Arms Act, 506 (ii) IPC, dated 17-09-2010 of Mettuplayam Police Station, Puducherry – Pending Trial.
14. Cr.No. 233/2010 under sections 341, 294(B), 394 IPC, dated 22-04-2010 of Thindivanam Police Station, Tamil Nadu – Pending Trial.
15. Cr.No. 21/2012 under section 25(1-a) of Arms Act, dated 13-02-2012 of Mettupalayam Police Station, Puducherry – Pending Trial.
16. Cr.No. 100/2012 under section 25(1-a) of Arms Act, dated 10-06-2012 of Mettupalayam Police Station, Puducherry – Pending Trial.
17. Cr.No. 10/2014 under sections 457, 380 IPC, dated 15-01-2014 of Mettupalayam Police Station, Puducherry – Pending Trial.
4. The Petitioner further submitted that the Counter Petitioner was very active notorious rowdy element and become a source of terror among the public. It is also stated that he has involved in various offences by using aruval, knife to attack the victims and he violated the conditions imposed by the Criminal Courts and have scant respect to the judiciary and rule of law.
5. The Petitioner further submitted that if Counter Petitioner is allowed to reside in Mettupalayam Police Sation, Puducherry, limits, it is apprehended that he would continue to indulge in serious offences like murder, extortion, 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, Mettupalayam Police Station, Puducherry, has prayed to invoke provisions under section 144 of Cr.P.CLA GAZETTE DE L'ETAT [ PART-I 630 630 against the Counter Petitioner do 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 of citizens and uphold public peace and order.
6. 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 24-02-2021 to appear for the hearing on 04-03-2021, 08-03-2021 and 10-03-2021 at 11.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Mettupalayam Police Station, Puducherry. The notice for the Counter Petitioner was served by affixing it at his house in presence of two witnesses due to absence of the Counter Petitioner at his house. The service was held sufficient for the Counter Petitioner.
7. On 10-03-2021, the Petitioner Thiru V. Sivakumar, Sub-Inspector, Mettupalayam Police Station, Puducherry, was present. The Counter Petitioner has failed to appear before the Court on hearing date.
8. 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 the activities of Thiru Natarajan @ Katterumbu Natarajan, is in such a manner that they may cause breach of peace and create a problem of law and order, and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 17 criminal cases were registered against him in various Police Stations.
9. On perusal of the records submitted by the Petitioner and the recommendation of the Superintendent of Police (North), 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, assault, extortion, 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. 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 hereby, 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 the Counter Petitioner Thiru Natarajan @ Katterumbu Natarajan, s/o. Palani, a resident of No. 17, Middle Street, Sanarapet, Mettupalayam, 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 10th day of March, 2021, pronounced in the open Court.
M. KANDASAMY, Subdivisional Magistrate (North).
PART-I ] LA GAZETTE DE L'ETAT 631IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 56/2021 of I.R.No. 05/2021 under section 144 of Cr.P.C./697
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer, Mettupalayam Police Station, Puducherry.
.... Petitioner
Vs
Thiru Ilavarasan (35), S/o. Vijayarangam, No. 17, Odai karai Street, Kurumampet, Puducherry.
.... Counter Petitioner
This petition along with case sheet is filed by Station House Officer, Mettupalayam Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C. against Thiru Ilavarasan, to prevent imminent danger to human lives and properties, and disturbance to the public tranquility and order, in the jurisdiction of this Court.
2. The Counter Petitioner is Ilavarasan, s/o. Vijayarangam, a resident of No. 17, Odai karai Street, Kurumampet, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case is submitted by the Station House Officer, Mettupalayam Police Station, Puducherry, with the recommendation of the Superintendent of Police (North), Puducherry vide., I.R.No. 05/2021, under section 144 of Cr.P.C, dated 20-01-2021. Therein, it has been stated that the Counter Petitioner have indulging in crimes such as murder, kidnapping, dacoity, hurt and disturbance to the public tranquility and order. It is also stated that the Counter Petitioner has created panic in the minds of local inhabitants and he is leading lavish life with the money earned through extortion. As a result the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.
1. Cr.No. 175/2020 under sections 364 IPC r/w 34 IPC, dated 27-11-2020 of Mettupalayam Police Station, Puducherry – Under Invistigation.
2. Cr.No. 39/2017 under sections 147, 148, 341, 302 r/w 149 IPC, dated 07-05-2017 of Mettupalayam Police Station, Puducherry – Pending Trial.
3. Cr.No. 09/2010 under sections 324, 323, 506 (ii) r/w 34 IPC, dated 15-01-2010 of Mettupalayam Police Station, Puducherry – Acquitted.
LA GAZETTE DE L'ETAT [ PART-I 632 6324. Cr.No. 94/2010 under sections 147, 148, 307, 326, 302 r/w 149 IPC, dated 30-05-2010 of Mettupalayam Police Station, Puducherry – Pending Trial.
5. Cr.No. 25/2014 under sections 341, 365, 323, 326, 342, 506(ii) IPC r/ w 34 IPC, dated. 03-03-2014 of Mettupalayam Police Station, Puducherry – Pending Trial.
6. Cr.No. 27/2014 under section 188 IPC, dated 04-03-2014 of Mettupalayam Police Station, Puducherry – Pending Trial.
7. Cr.No. 64/2014 under sections 25 (i-a) of Arms Act, 1959, r/w 34 IPC, dated 04-06-2014 of Mettupalayam Police Station, Puducherry – Pending Trial.
8. Cr.No. 140/2014 under section 399 IPC, dated 28-03-2014 of Thindivanam Police Station, Tamil Nadu – Pending Trial.
4. The Petitioner further submitted that the Counter Petitioner was very active notorious rowdy element and become a source of terror among the public. It is also stated that he has involved in various offences by using aruval, knife to attack the victims and he violated the conditions imposed by the Criminal Courts and have scant respect to the judiciary and rule of law.
5. The Petitioner further submitted that if, Counter Petitioner is allowed to reside in Mettupalayam Police Station, Puducherry, limits, it is apprehended that he would continue to indulge in serious offences like murder, extortion, 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, Mettupalayam Police Station, Puducherry, has prayed to invoke provisions under section 144 of Cr.P.C against the Counter Petitioner do 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 of citizens and uphold public peace and order.
6. 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 24-02-2021 to appear for the hearing on 04-03-2021, 08-03-2021 and 10-03-2021 at 11.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Mettupalayam Police Station, Puducherry. The notice for the Counter Petitioner was served by affixing it at his house in presence of witness due to absence of the Counter Petitioner at his house. The service was held sufficient for the Counter Petitioner.
7. On 10-03-2021, the Petitioner Thiru V. Sivakumar, Sub-Inspector, Mettupalayam Police Station, Puducherry, was present. The Counter Petitioner has failed to appear before the Court on hearing date.
8. 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 the activities of Thiru Ilavarasan is in such a manner that they may cause breach of peace and create a problem of law and order, and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 8 criminal cases were registered against him in various Police Stations.
PART-I ] LA GAZETTE DE L'ETAT 6339. On perusal of the records submitted by the Petitioner and the recommendation of the Superintendent of Police (North), 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, assault, extortion, 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. 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 hereby, in the capacity of Subsivisional Magistrate (North), Puducherry in exercise of powers conferred under the section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Ilavarasan, s/o. Vijayarangam, a resident of No. 17, Odai karai Street, Kurumampet, Puducherry, from entering into the region under the jurisdiction of the Subsivisional 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 10th day of March, 2021, pronounced in the open Court.
M. KANDASAMY, Subdivisional Magistrate (North).
————
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 57/2021 of I.R. No. 06/2020 under section 144 of Cr.P.C./692
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer, Mettupalayam Police Station, Puducherry.
.... Petitioner
Vs
Thiru Jeeva (24), S/o. Ezhumalai, No. 134, Odai Street, Gandhi Thirunallur, Muthirapalayam, Puducherry.
.... Counter Petitioner
This petition along with case sheet is filed by Station House Officer, Mettupalayam Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C. against Thiru Jeeva to prevent imminent danger to human lives and properties and disturbance to the public tranquility and order, in the jurisdiction of this Court.
LA GAZETTE DE L'ETAT [ PART-I 634 6342. The Counter Petitioner is Jeeva, s/o. Ezhumalai, a resident of No. 134, Odai Street, Gandhi Thirunallur, Muthirapalayam, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case is submitted by the Station House Officer, Mettupalayam Police Station, Puducherry, with the recommendation of the Superintendent of Police (North), Puducherry vide I.R.No. 06/2021 under section 144 of Cr.P.C., dated 23-01-2021. Therein, it has been stated that the Counter Petitioner have indulging in crimes such as murder, kidnapping, hurt and disturbance to the public tranquility and order. It is also stated that the Counter Petitioner has created panic in the minds of local inhabitants and he is leading lavish life with the money earned through extortion. As a result the people of the locality being afraid of the counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the Petitioner had stated that the following criminal cases were registered against the counter petitioner.
1. Cr.No. 69/2019, under sections 148, 307 IPC, r/w 149 IPC, r/w 34 IPC, dated 24-08-2019 of Mettupalayam Police Station, Puducherry – Pending Trial.
2. Cr.No. 155/2020, under sections 148, 302, 120-B IPC, r/w 149 IPC, dated 14-10-2020 of Mettupalayam Police Station, Puducherry – Under Investigation.
4. The Petitioner further submitted that the Counter Petitioner was very active notorious rowdy element and become a source of terror among the public. It is also stated that he has involved in various offences by using aruval, knife, country made bomb and other lethal weapon to attack the victims and he is not a law abiding citizen and scorn respect to the judiciary and rule of law.
5. The Petitioner further submitted that if, Counter Petitioner is allowed to reside in Mettupalayam Police Station, Puducherruy, limits, it is apprehended that he would continue to indulge in serious offences like murder, extortion, 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, Mettupalayam Police Station, Puducherry, has prayed to invoke provisions under section 144 of Cr.P.C. against the Counter Petitioner do 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 of citizens and uphold public peace and order.
6. 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 24-02-2021 to appear for the hearing on 04-03-2021, 08-03-2021 and 10-03-2021 at 11.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Mettupalayam Police Station, Puducherry. The notice for the Counter Petitioner was served by affixing it at his house in presence of two witnesses due to absence of the Counter Petitioner at his house. The Service was held sufficient for the counter Petitioner.
7. On 10-03-2021, the Thiru Petitioner V. Sivakumar, Sub-Inspector, Mettupalayam Police Station, Puducherry, was present. The Counter Petitioner has failed to appear before the Court on hearing date.
PART-I ] LA GAZETTE DE L'ETAT 6358. 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 the activities of Thiru Jeeva is in such a manner that they may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 2 criminal cases were registered against him in Mettupalayam Police Station, Puducherry.
9. On perusal of the records submitted by the Petitioner and the recommendation of the Superintendent of Police (North), Puducherry, 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, assault, extortion, 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. 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 hereby, 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 the Counter Petitioner Thiru Jeeva s/o. Ezhumalai, a resident of No. 134, Odai Street, Gandhi Thirunallur, Muthirapalayam, Puducherry, from entering into the region under the jurisdiction of the Subdivisional Magistrate Court (North), Puducherry, 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 10th day of March, 2021, pronounced in the open Court.
M. KANDASAMY, Subdivisional Magistrate (North).
————
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 58/2021 of I.R. No. 07/2020 under section 144 of Cr.P.C./711
ORDER
(UNDER SECTION 144 OF Cr. P.C.)
State Represented by the Station House Officer, Mettupalayam Police Station, Puducherry.
.... Petitioner
VsLA GAZETTE DE L'ETAT [ PART-I 636 636 Thiru Iyyappan (28), S/o. Sundaramoorthy, No. 46, Gandhi Street, Gandhi Thirunallur, Muthirapalayam, Puducherry.
.... Counter Petitioner
This petition along with case sheet is filed by Station House Officer, represented by Thiru R. Kumar, Sub-Inspector, Mettupalayam Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C. against Thiru Iyyappan 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 is Iyyappan, s/o. Sundaramoorthy, a resident of No. 46, Gandhi Street, Gandhi Thirunallur, Muthirapalayam, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case is submitted by the Station House Officer, Mettupalayam Police Station, Puducherry, with the recommendation of the Superintendent of Police (North), Puducherry vide I.R.No. 07/2021, under section 144 of Cr. P.C., dated 23-01-2021. Therein it has been stated that the counter petitioner have indulging in crime such as murder, kidnapping, hurt and disturbance to the public tranquility and order. The Counter Petitioner has created panic in the minds of local inhabitants. It is also stated that he is leading lavish life with the money earned through extortion. As a result the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.
1. Cr.No. 121/2017 under section 387 IPC r/w 34 IPC, dated 23-09-2017 of Reddiyarpalayam Police Station, Puducherry – Pending Trial.
2. Cr.No. 112/2018 under section 20(b) NDPS Act, r/w 8(c) of NDPS Act 1985, dated 14-12-2018 of Mettupalayam Police Station, Puducherry.
3. Cr.No. 69/2019 under sections 148, 307 IPC r/w 149 IPC, dated, 24-08-2019 of Mettupalayam Police Station, Puducherry – Pending Trial.
4. Cr.No. 155/2020 under sections 148, 302, 120-B IPC, r/w 149 IPC, dated 14-10-2020 of Mettupalayam Police Station, Puducherry – Under Investigation.
4. The Petitioner further submitted that the Counter Petitioner was very active notorious rowdy element and become a source of terror among the public. It is also stated that he is not a law abiding citizen and he has involved in various offences by using aruval, knife, country made bomb and other lethal weapons to attack the victims and scorn the judiciary and rule of law.
5. The Petitioner further submitted that if, Counter Petitioner is allowed to reside in Mettupalayam Police Station, Puducherry, limits, it is apprehended that he would continue to indulge in serious offences like murder, assault, extortion, 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, Mettupalayam Police Station, Puducherry, has prayed to invoke provisions under section of 144 Cr.P.C. againstPART-I ] LA GAZETTE DE L'ETAT 637 the Counter Petitioner do 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 of citizens and uphold public peace and order.
6. 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 24-02-2021 to appear for the hearing on 04-03-2021 and 08-03-2021 at 11.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Mettupalayam Police Station, Puducherry. The notice for the Counter Petitioner was received by his mother, Tmt. S. Selvi. The Service was held sufficient for the Counter Petitioner.
7. On 08-03-2021, the Petitioner represented by Thiru R. Kumar, Sub-Inspector, Mettupalayam Police Station, Puducherry, was present. The Counter Petitioner has failed to appear before the Court on hearing date.
8. 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 the activities of Thiru Iyyappan is in such a manner that they may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 4 criminal cases were registered against him in various Police Stations.
9. On perusal of the records submitted by the petitioner and the recommendation of the Superintendent of Police (North), Puducherry, 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, assault, extortion, 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. 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 hereby, 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 the Counter Petitioner Thiru Iyyappan, s/o. Sundaramoorthy, a resident of No. 46, Gandhi Street, Gandhi Thirunallur, Muthirapalayam, 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 8th day of March, 2021, pronounced in the open Court.
M. KANDASAMY, Subdivisional Magistrate (North).
LA GAZETTE DE L'ETAT [ PART-I 638 638IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 59/2021 of I.R.No. 08/2020 under section 144 of Cr.P.C./712
ORDER
(UNDER SECTION 144 OF Cr. P.C.)
State Represented by the Station House Officer,
Mettupalayam Police Station,
Puducherry.
.... Petitioner
Vs
Thiru Joseph (20),
S/o. Karunagaran,
No. 10, Gandhi Street,
Gandhi Thirunallur,
Muthirapalayam,
Puducherry.
.... Counter Petitioner
This petition along with case sheet is filed by Station House Officer, represented by Thiru R. Kumar, Sub-Inspector, Mettupalayam Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C. against Thiru Joseph 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 is Joseph, s/o. Karunagaran, a resident of No.10, Gandhi Street, Gandhi Thirunallur, Muthirapalayam, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case is submitted by the Station House Officer, Mettupalayam Police Station, Puducherry, with the recommendation of the Superintendent of Police (North), Puducherry vide I.R.No. 08/2021, under section 144 of Cr. P.C., dated 23-01-2021. Therein, it has been stated that the Counter Petitioner have indulging in crime such as murder, kidnapping, hurt and disturbance to the public tranquility and order. The Counter Petitioner have created panic in the minds of local inhabitants. It is also stated that he is leading lavish life with the money earned through extortion. As a result the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused.
In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.
1. Cr.No. 69/2019 under sections 148, 307 IPC r/w 149 IPC r/w 34 IPC, dated 24-08-2019 of Mettupalayam Police Station, Puducherry – Pending Trial 2. Cr.No. 155/2020 under sections 148, 302, 120-B IPC r/w 149 IPC, dated 14-10-2020 of Mettupalayam Police Station, Puducherry – Under Investigation.
PART-I ] LA GAZETTE DE L'ETAT 6394. The Petitioner further submitted that the counter Petitioner was very active notorious rowdy element and become a source of terror among the public. It is also stated that he is not a law abiding citizen and he has involved in various offences by using aruval, knife, country made bomb and other lethal weapons to attack the victims and scorn the judiciary and rule of law.
5. The Petitioner further submitted that if counter Petitioner is allowed to reside in Mettupalayam Police Station, Puducherry, limits, it is apprehended that he would continue to indulge in serious offences like murder, assault, extortion, 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, Mettupalayam Police Station, Puducherry, has prayed to invoke provisions under sections 144 of Cr.P.C. against the Counter Petitioner do 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 of citizens and uphold public peace and order.
6. 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 24-02-2021 to appear for the hearing on 04-03-2021 and 08-03-2021 at 11.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Mettupalayam Police Station, Puducherry. The notice for the Counter Petitioner was received by his father, Thiru A. Karunagaran. The Service was held sufficient for the Counter Petitioner.
7. On 08-03-2021, the Petitioner represented by Thiru R. Kumar, Sub-Inspector, Mettupalayam Police Station, Puducherry, was present. The Counter Petitioner has failed to appear before the Court on hearing date.
8. 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 the activities of Thiru Joseph is in such a manner that they may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are two criminal cases were registered against him in Mettupalayam Police Station, Puducherry.
9. On perusal of the records submitted by the Petitioner and the recommendation of the Superintendent of Police (North), Puducherry, 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, assault, extortion, 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. 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 hereby, 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 the counter petitioner Thiru Joseph, s/o. Karunagaran, a resident of No. 10, Gandhi Street,LA GAZETTE DE L'ETAT [ PART-I 640 640 Gandhi Thirunallur, Muthirapalayam, Puducherry, from entering into the region under the jurisdiction of the Subdivisional Magistrate Court (North), Puducherry, 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 8th day of March, 2021, pronounced in the open Court.
M. KANDASAMY, Subdivisional Magistrate (North).
————
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 60/2021 of I.R. No. 09/2020 under section 144 of Cr.P.C./713
ORDER
(UNDER SECTION 144 OF Cr. P.C.)
State Represented by the Station House Officer, Mettupalayam Police Station, Puducherry.
.... Petitioner
Vs
Thiru Sasikumar @ Sasi (21), S/o. Murugaperumal, No. 50, Ilangoadigal Street, Muthirapalayam, Puducherry.
.... Counter Petitioner
This petition along with case sheet is filed by Station House Officer, represented by Thiru R. Kumar, Sub-Inspector, Mettupalayam Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C. against Thiru Sasikumar @ Sasi to prevent imminent danger to human lives and properties and disturbance to the public tranquility and order, in the jurisdiction of this Court.
2. The Counter Petitioner is Sasikumar @ Sasi, s/o. Murugaperumal, a resident of No. 50, Ilangoadigal Street, Muthirapalayam, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case is submitted by the Station House Officer, Mettupalayam Police Station, Puducherry, with the recommendation of the Superintendent of Police (North), Puducherry vide I.R. No. 09/2021,under section 144 of Cr. P.C., dated 24-01-2021. Therein, it has been stated that the Counter Petitioner have indulging in crime such as murder, kidnapping, hurt and disturbance to the public tranquility and order. The Counter Petitioner have created panic in the minds of local inhabitants. It is also stated that he is leading lavish life with the money earned through extortion. As a result the people of the locality being afraid of the Counter Petitioner do not come forward to lodge anyPART-I ] LA GAZETTE DE L'ETAT 641 complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.
1. Cr.No. 69/2019 under sections 148, 307, IPC r/w 149 IPC r/w 34 IPC, dated 24-08-2019 of Mettupalayam Police Station, Puducherry – Pending Trial.
2. Cr.No. 155/2020, under sections 148, 302, 120-B IPC r/w 149 IPC, dated 14-10-2020 of Mettupalayam Police Station, Puducherry – Under Investigation.
4. The Petitioner further submitted that the Counter Petitioner was very active notorious rowdy element and become a source of terror among the public. It is also stated that he is not a law abiding citizen and he has involved in various offences by using aruval, knife, country made bomb and other lethal weapons to attack the victims and scorn the judiciary and rule of law.
5. The Petitioner further submitted that if Counter Petitioner is allowed to reside in Mettupalayam Police Station, Puducherry, limits, it is apprehended that he would continue to indulge in serious offences like murder, assault, extortion, 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, Mettupalayam Police Station, Puducherry, has prayed to invoke provisions under section 144 of Cr.P.C. against the Counter Petitioner do 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 of citizens and uphold public peace and order.
6. 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 24-02-2021 to appear for the hearing on 04-03-2021 and 08-03-2021 at 11.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Mettupalayam Police Station, Puducherry. The notice for the Counter Petitioner was received by his mother, Tmt. M. Nagavalli. The Service was held sufficient for the Counter Petitioner.
7. On 08-03-2021, the Petitioner represented by Thiru R. Kumar, Sub-Inspector, Mettupalayam Police Station, Puducherry and the Counter Petitioner were present.
8. 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 the activities of Thiru Sasikumar @ Sasi is in such a manner that they may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are two criminal cases were registered against him in Mettupalayam Police Station, Puducherry. I have also heard the oral submission of the counter petitioner. The Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.
9. Up on hearing both sides and on perusal of the records submitted by the Petitioner and the recommendation of the Superintendent of Police (North), Puducherry, 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 inLA GAZETTE DE L'ETAT [ PART-I 642 642 and also motivate serious offences like murder, assault, extortion, 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. 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 hereby, 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 the Counter Petitioner Thiru Sasikumar @ Sasi, s/o. Murugaperumal, a resident of No. 50, Ilangoadigal Street, Muthirapalayam, Puducherry, from entering into the region under the jurisdiction of the Subdivisional Magistrate Court (North), Puducherry, 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 8th day of March, 2021, pronounced in the open Court.
M. KANDASAMY, Subdivisional Magistrate (North).
————
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 61/2021 of I.R. No. 10/2020 under section 144 of Cr.P.C./708
ORDER
(UNDER SECTION 144 OF Cr. P.C.)
State Represented by the Station House Officer, Mettupalayam Police Station, Puducherry.
.... Petitioner
Vs
Thiru Aakash (20), S/o. Thirumurugan, No. 75, Odai Street, Gandhi Thirunallar, Muthirayarpalayam, Puducherry.
.... Counter Petitioner
This petition along with case sheet is filed by Station House Officer, represented by Thiru R. Kumar, Sub-Inspector, Mettupalayam Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C. against Thiru Aakash to prevent imminent danger to human lives and properties and disturbance to the public tranquility and order, in the jurisdiction of this Court.
2. The Counter Petitioner is Aakash (20), s/o. Thirumurugan, a resident of No. 75, Odai Street, Gandhi Thirunallur, Muthirayarpalayam, Puducherry.
PART-I ] LA GAZETTE DE L'ETAT 6433. The facts which led up to the petition are briefly as follows: The case is submitted by the Station House Officer, Mettupalayam Police Station, Puducherry, with the recommendation of the Superintendent of Police (North), Puducherry vide I.R.No. 10/2021, under section 144 of Cr.P.C., dated 24-01-2021. Therein, it has been stated that the Counter Petitioner have indulging in crime such as murder, kidnapping, hurt and disturbance to the public tranquility and order. The Counter Petitioner have created panic in the minds of local inhabitants. It is also stated that he is leading lavish life with the money earned through extortion. As a result the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the Petitioner had stated that the following criminal case was registered against the Counter Petitioner.
1. Cr.No. 155/2020 under sections 148, 302, 120-B IPC r/w 149 IPC, dated 14-10-2020 of Mettupalayam Police Station, Puducherry – Under Investigation.
4. The Petitioner further submitted that the Counter Petitioner was very active notorious rowdy element and become a source of terror among the public. It is also stated that he is not a law abiding citizen and he has involved in various offences by using aruval, knife, country made bomb and other lethal weapons to attack the victims and scorn the judiciary and rule of law.
5. The Petitioner further submitted that if Counter Petitioner is allowed to reside in Mettupalayam Police Station, Puducherry, limits, it is apprehended that he would continue to indulge in serious offences like murder, assault, extortion, 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, Mettupalayam Police Station, Puducherry, has prayed to invoke provisions under section 144 of Cr.P.C. against the Counter Petitioner do 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 of citizens and uphold public peace and order.
6. 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 24-02-2021 to appear for the hearing on 04-03-2021 and 08-03-2021 at 11.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Mettupalayam Police Station, Puducherry. The notice for the Counter Petitioner was received by his grandfather, Thiru S. Sammantham. The Service was held sufficient for the Counter Petitioner.
7. On 08-03-2021, the Petitioner represented by Thiru R. Kumar, Sub-Inspector, Mettupalayam Police Station, Puducherry and the Counter Petitioner were present.
8. 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 the activities of Thiru Aakash is in such a manner that they may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are one criminal case was registered against him in Mettupalayam Police Station, Puducherry. I have also heard the oral submission of the Counter Petitioner. The Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior potive.
LA GAZETTE DE L'ETAT [ PART-I 644 6449. Up on hearing both sides and on perusal of the records submitted by the Petitioner and the recommendation of the Superintendent of Police (North), 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, assault, extortion, 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. 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 hereby, 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 the Counter Petitioner Thiru Aakash, s/o. Thirumurugan, a resident of No. 75, Odai Street, Gandhi Thirunallur, Muthirapalayam, Puducherry, from entering into the region under the jurisdiction of the Subdivisional Magistrate Court (North), Puducherry, 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 8th day of March, 2021, pronounced in the open Court.
M. KANDASAMY, Subdivisional Magistrate (North).
———
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 63/2021 of I.R. No. 03/2021 under section 144 of Cr.P.C/719
ORDER
(UNDER SECTION 144 of Cr.P.C.)
State Represented by the Station House Officer, Muthialpet Police Station, Puducherry.
.... Petitioner
Vs
Thiru Sivakumar @ Siva @ Track Siva (32), S/o. Veerappan, No. 07, Thiruvalluvar Street, Viswanathan Nagar, Muthialpet, Puducherry.
.... Counter PetitionerPART-I ] LA GAZETTE DE L'ETAT 645 This petition along with case sheet is filed by Station House Officer, Thiru G. Kalaiarasan, Sub Inspector, Muthialpet Police Station, Puducherry praying to pass orders under section 144 Cr.P.C. against Thiru Sivakumar @ Siva @ Track Siva to prevent imminent danger to human lives and properties and disturbance to the public tranquility and order, in the jurisdiction of this Court.
2. The Counter Petitioner is Sivakumar @ Siva @ Track Siva s/o. Veerappan, a resident of No. 07, Thiruvalluvar Street, Viswanathan Nagar, Muthialpet, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case submitted by the Station House Officer, Muthialpet Police Station through the Superintendent of Police (East), Puducherry vide I.R.No. 03/2021, under section 144 of Cr.P.C., dated 07-02-2021. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent up on indulging in crime such as criminal intimidation, hurt and disturbance to the public tranquility and order. The Counter Petitioner has created panic in the minds of local inhabitants and the business people in the Muthialpet Police Station, Puducherry, limits. It is also stated that he is leading lavish life with the money earned from the public and business people by threatening. As a result, the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.
1. Cr.No. 09/2005 under sections 341, 324, 506(ii) IPC r/w 34 IPC of Muthialpet Police Station, Puducherry – Convicted.
2. Cr.No. 42/2005 under sections 448, 427 506(ii) r/w 34 IPC of Muthialpet Police Station, Puducherry – Acquittal.
3. Cr.No. 298/2005 under section 324 IPC r/w 34 IPC of Grand Bazar Police Station, Puducherry – Acquittal.
4. Cr.No. 233/2006 under section 25 of Arms Act of Muthialpet Police Station, Puducherry – Acquittal.
5. Cr.No. 269/2006 under sections 294, 427, 506(ii) 34 IPC of Muthialpet Police Station, Puducherry – Acquittal.
6. Cr.No. 57/2007 under sections 324, 506(ii) r/w 34 IPC of Muthialpet Police Station, Puducherry – Acquittal.
7. Cr.No. 303/2007 under section 25 of Arms Act of Muthialpet Police Station, Puducherry – Acquittal.
8. Cr.No. 116/2008 under section 379, r/w 34 IPC of Muthialpet Police Station, Puducherry – Acquittal.
9. Cr.No. 302/2010 under sections 147, 148, 302 r/w 149 IPC of Grand Bazar Police Station, Puducherry – Acquittal.
10. Cr.No. 307/2010 under sections 324, 506(ii) r/w 34 IPC of Odiansalai Police Station, Puducherry – Acquittal.
LA GAZETTE DE L'ETAT [ PART-I 646 64611. Cr.No. 117/2011 under sections 147, 148, 307 IPC r/w 149 IPC & 3(a) of Explosive Substances Act, 1908 of Muthialpet Police Station, Puducherry – Acquittal.
12. Cr.No. 05/2012 under sections 147, 387, 323 IPC r/w 149 IPC, dated 14-01-2012 of Kalapet Police Station, Puducherry – Acquittal.
13. Cr.No. 32/2012 under sections 147, 427,324,506(ii) r/w 149 IPC, dated 06-02-2012 of Muthialpet Police Station, Puducherry – Acquittal.
14. Cr.No. 218/2012 under sections 386, 427 IPC & 3 of Explosive Substances Act r/w 34 IPC of Orleanpet Police Station, Puducherry – Pending Trial.
15. Cr.No. 220/2012 under sections 399, 402 IPC of Orleanpet Police Station, Puducherry – Pending Trial.
16. Cr.No. 214/2013 uunder section 398 IPC of Cuddalore OT, Muthu Nagar, Tamil Nadu – Pending Trial.
17. Cr.No. 110/2013 under sections 147,148, 307, 399 & 27(i) of Arms Act & 3 of Explosive Substances Act of Annamalai Nagar, Chidambaram, Tamil Nadu – Pending Trial.
18. Cr.No. 23/2017 under section 5 of the Explosive Substances Act, 1908 of Muthialpet Police Station, Puducherry – Pending Trial.
19. Cr.No. 871/2017 under section 286 IPC r/w 4(1) (b) 5, 6 of Explosive Substances Act, 1908 r/w 109 IPC of Auroville Police Station, Tamil Nadu – Pending Trial.
20. C r. N o. 9 4 /201 8 u n d e r s e c t i o n 2 5 ( 1 ) (A) of Arms A c t 1959 of Muthialpet Police Station Puducherry – Pending Trial.
21. C r. N o . 1 0 8 / 201 9 u n d e r s e c t i o n s 2 9 4 ( b ) , 3 9 4 r / w 3 4 I P C of Reddiyapalayam Police Station, Puducherry – Pending Trial.
4. The petitioner has also submitted that the Counter Petitioner is not a law abiding citizen and he has often violated the conditions imposed by the Court while he was released on bail. It is also stated that the Counter Petitioner had become a source of terror among the public. It is further stated that he is very active notorious rowdy element and his associates are often doing rowdism, collecting mamools from the business people and therefore, his criminal activities cannot be prevented by invoking the security proceedings under the Cr.P.C.
5. The petitioner further submitted that if, Counter Petitioner is allowed to reside in Muthialpet limits, it is apprehended that he would continue to indulge in serious offences like attempt to murder, hurt, damages, assault and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Station House Officer, Muthialpet Police Station, Puducherry, has prayed to invoke provisions under section 144 Cr.P.C. against the Counter Petitioner do 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;
PART-I ] LA GAZETTE DE L'ETAT 6476. 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 08-03-2021 to appear for the hearing on 11-03-2021 at 11.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Muthialpet Police Station, Puducherry. The notice for the Counter Petitioner was received by his mother, V. Kanniyammal. The service was held sufficient for the Counter Petitioner.
7. On 11-03-2021, the Petitioner, Thiru G. Kalaiarasan, Sub-Inspetcor, Muthialpet Police Station, Puducherry, present. The Counter Petitioner has failed to appear before the Court on hearing date.
8. 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 the activities of Thiru Sivakumar @ Siva @ Track Siva is in such a manner that they may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 21 criminal cases were registered against him in various Police Stations.
9. 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, assault, annoyance, damages to 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 hereby, in the capacity of Subdivisional Magistrate (North), Puducherry, in exercise of powers conferred under section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Sivakumar @ Siva @ Track Siva s/o. Veerappan a resident of No. 07, Thiruvalluvar Street, Viswanathan Nagar, Muthialpet, 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 11th day of March, 2021, pronounced in the open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
LA GAZETTE DE L'ETAT [ PART-I 648 648IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 64/2021, of I.R. No. 04/2021 under section 144 of Cr.P.C./718
ORDER
(UNDER SECTION 144 Cr. P.C.)
State Represented by the Station House Officer, Muthialpet Police Station, Puducherry.
.... Petitioner
Vs
Thiru Arulpandi (25), S/o. Balaiya, No. 10, Maravady Street, Muthialpet, Puducherry.
.... Counter Petitioner
This petition along with case sheet is filed by Station House Officer, Thiru G. Kalaiarasan, Sub-Inspector, Muthialpet Police Station, Puducherry, praying to pass orders under section 144 Cr.P.C. against Thiru Arulpandi to prevent imminent danger to human lives and properties and disturbance to the public tranquility and order, in the jurisdiction of this Court.
2. The Counter Petitioner is Arulpandi, s/o. Balaiya, a resident of No. 10, Maravady Street, Muthialpet, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case submitted by the Station House Officer, Muthialpet Police Station, Puducherry, through the Superintendent of Police (East), Puducherry vide I.R.No. 04/2021 under section 144 of Cr.P.C., dated 08-02-2021. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent up on indulging in crime such as criminal intimidation, hurt and disturbance to the public tranquility and order. The Counter Petitioner has created panic in the minds of local inhabitants and the business people in the Muthialpet Police Station, Puducherry, limits. It is also stated that he is leading lavish life with the money earned from the public and business people by threatening. As a result, the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the petitioner had stated that the following criminal cases were registered against the Counter Petitioner.
1. Cr.No. 145/2016 under section 34 B(IX), E (I) of PP Act, dated 30-12-2015 of Muthialpet Police Station, Puducherry – Pending Trial.
2. Cr.No. 246/2016 under sections 147, 148, 324, 506(ii) IPC r/w 149 IPC of Grand Bazar Police Station, Puducherry – Pending Trial.
3. Cr.No. 34/2017 under sections 294(b), 323, 506(ii) IPC r/w 34 IPC of Muthialpet Police Station, Puducherry – Pending Trial.
PART-I ] LA GAZETTE DE L'ETAT 6494. Cr.No. 107/2017 under sections 147, 148, 324, 307 IPC R/W 149 IPC, dated 28-09-17 of Muthialpet, Police Station, Puducherry – Pending Trial.
5. Cr.No. 49/2019 under sections 448, 427, 294(b), 323, 324, 506(ii) IPC r/w 34 IPC, dated 30-05-2019 of Muthialpet Police Station, Puducherry – Pending Trial.
6 Cr.No. 94/2019 under sections 120-B, 148, 341, 302, 109 IPC r/w 149 IPC of Muthialpet Police Station, Puducherry – Pending Trial.
4. The petitioner has also submitted that the Counter Petitioner is not a law abiding citizen and he has often violated the conditions imposed by the Court while he was released on bail. It is also stated that the Counter Petitioner had become a source of terror among the public. It is further stated that he is very active notorious rowdy element and his associates are often doing rowdism, collecting mamools from the business people and therefore, his criminal activities cannot be prevented by invoking the security proceedings under the Cr.P.C.
5. The petitioner further submitted that if, Counter Petitioner is allowed to reside in Muthialpet limits, it is apprehended that he would continue to indulge in serious offences like attempt to murder, hurt, damages, assault and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Station House Officer, Muthialpet Police Station, Puducherry, has prayed to invoke provisions under section 144 Cr.P.C. against the Counter Petitioner do 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;
6. 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 08-03-2021 to appear for the hearing on 11-03-2021 at 11.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Muthialpet Police Station, Puducherry. The notice for the Counter Petitioner was received by his brother, Ajith. The service was held sufficient for the Counter Petitioner.
7. On 11-03-2021, the petitioner Thiru G. Kalaiarasan, Sub-Inspector, Muthialpet Police Station, Puducherry, present. The Counter Petitioner has failed to appear before the Court on hearing date.
8. 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 the activities of Thiru Arulpandi is in such a manner that they may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 6 criminal cases were registered against him in various Police Stations.
9. 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, assault, annoyance, damages to properties, etc., and thereby become a perennial source of threat to the community and disturb public peace and order.
LA GAZETTE DE L'ETAT [ PART-I 650 650Such 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 hereby, in the capacity of Subdivisional Magistrate (North), Puducherry in exercise of powers conferred under section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Arulpandi, s/o. Balaiya, a resident of No. 10, Maravady Street, Muthialpet, 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 11th day of March, 2021 pronounced in the open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
————
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 65/2021, of I.R. No. 05/2021 under section 144 of Cr.P.C./714
ORDER
(UNDER SECTION 144 of Cr. P.C.)
State Represented by the Station House Officer,
Muthialpet Police Station,
Puducherry.
.... Petitioner
Vs
Thiru Manimaran @ Doom Mani (31),
S/o. Fernandez,
No. 20, Kannadasan Street,
Solai Nagar,
Muthialpet,
Puducherry.
.... Counter Petitioner
This petition along with case sheet is filed by Station House Officer, Thiru G. Kalaiarasan, Sub-Inspector, Muthialpet Police Station, Puducherry, praying to pass orders under section 144 Cr.P.C. against Thiru Manimaran @ Doom Mani to prevent imminent danger to human lives and properties and disturbance to the public tranquility and order, in the jurisdiction of this Court.
PART-I ] LA GAZETTE DE L'ETAT 6512. The Counter Petitioner is Manimaran @ Doom Mani, s/o. Fernandez, a resident of No. 20, Kannadasan Street, Solai Nagar, Muthialpet, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case submitted by the Station House Officer, Muthialpet Police Station, Puducherry, through the Superintendent of Police (East), Puducherry vide I.R.No. 05/2021 under section 144 of Cr.P.C., dated 09-02-2021. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent up on indulging in crime such as criminal intimidation, hurt and disturbance to the public tranquility and order. The Counter Petitioner has created panic in the minds of local inhabitants and the business people in the Muthialpet Police Station, Puducherry, limits. It is also stated that he is leading lavish life with the money earned from the public and business people by threatening. As a result, the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the petitioner had stated that the following criminal cases were registered against the Counter Petitioner.
1. Cr.No. 13/2006 under sections 324, 506(ii) r/w 34 IPC, dated 15-01-2006 of Muthialpet Police Station, Puducherry –Acquitted.
2. Cr.No. 273/2007 under sections 147, 148, 302 r/w 149 IPC, dated 26-06-2007 of Grand Bazar Police Station, Puducherry –Acquitted.
3. Cr.No. 383/07 under section 27 of Arms Act, dated 29-09-2007 of Orleanpet Police Station, Puducherry – Acquitted.
4. Cr.No. 108/2008 under sections 147, 148, 452, 302 r/w 149 IPC & 3(b) of Explosive Substances Act, dated 12-05-2008 of Reddiyarpalyam Police Station, Puducherry – Pending Trial
5. Cr.No. 207/2008 under sections 402, 399 IPC, dated 02-10-2008 of Ariyankuppam Police Station, Puducherry – Pending Trial
6. Cr.No. 132/2009 under section 27 of Arms Act, dated 14-04-2009 of Muthialpet Police Station, Puducherry – Pending Trial.
7. Cr.No. 186/2009 under sections 147, 148, 452, 387, 506(ii) r/w 149 IPC, dated 21-05-2009 of Muthialpet Police Station, Puducherry – Pending Trial
8. Cr.No. 294/2009 under sections 147, 148, 324, 506(ii) IPC r/w 149 and 27 of Arms Act, dated 02-09-09 of Muthialpet Police Station, Puducherry – Pending Trial.
9. Cr.No. 32/2010 under section 27 of Arms Act, dated 12-02-2010 of Muthialpet Police Station, Puducherry – Pending Trial.
10. Cr.No. 253/2010 under sections 341, 324, 323, 506(i) IPC, r/w 34 IPC, dated 29-11-2010 of Muthialpet Police Station, Puducherry – Pending Trial.
11. Cr.No. 108/2011 under sections 324, 506(ii) IPC, dated 26-04-2011 of Muthialpet Police Station, Puducherry – Pending Trial.
12. Cr.No. 158/2011 under sections 341, 324, 506(ii) IPC r/w 34 IPC, dated 15-07-2011 of Muthialpet Police Station, Puducherry – Pending Trial.
LA GAZETTE DE L'ETAT [ PART-I 652 65213. Cr.No. 03/2012 under section 27 of Arms Act, dated 02-01-2012 of Muthialpet Police Station, Puducherry – Acquitted.
14. Cr.No. 112/2012 under sections 148, 324, 323, 506(ii) IPC r/w 109 & 149 IPC, dated 10-06-2012 of Muthialpet Police Station, Puducherry – Pending Trial.
15. Cr.No. 105/12 under sections 143, 150 IPC &27 of Arms Act & Sections 4 &5 of Explosive Substances Act r/w 149 IPC dated, 19-08-2012 Lawspet Police Station, Puducherry – Pending Trial.
16. Cr.No. 49/14 under section 34 B(ix) of PP Act, dated 03-04-2014 of Muthialpet Police Station, Puducherry – Convicted.
17. Cr.No. 88/2019 under sections 120-B, 148, 341, 324, 307, 302, 109 IPC r/w 149 IPC & 3 of Explosive Substances Act, 1908 of Muthialpet Police Station, Puducherry – Pending Trial.
4. The Petitioner has also submitted that the Counter Petitioner is not a law abiding citizen and he has often violated the conditions imposed by the Court while he was released on bail. It is also stated that the Counter Petitioner had become a source of terror among the public. It is further stated that he is very active notorious rowdy element and his associates are often doing rowdism, collecting mamools from the business people and therefore, his criminal activities cannot be prevented by invoking the security proceedings under the Cr.P.C.
5. The Petitioner further submitted that if, Counter Petitioner is allowed to reside in Muthialpet limits, it is apprehended that he would continue to indulge in serious offences like attempt to murder, hurt, damages, assault and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Station House Officer, Muthialpet Police Station, Puducherry, has prayed to invoke provisions under section 144 Cr.P.C. against the Counter Petitioner do 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;
6. 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 08-03-2021 to appear for the hearing on 11-03-2021 at 11.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Muthialpet Police Station, Puducherry. The notice for the Counter Petitioner was received by his Brother, Antoine. The service was held sufficient for the Counter Petitioner.
7. On 11-03-2021, the Petitioner Thiru G. Kalaiarasan, Sub-Inspector, Muthialpet Police Station, Puducherry, present. The Counter Petitioner has failed to appear before the Court on hearing date.
8. 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 the activities of Thiru Manimaran @ Doom Mani is in such a manner that they may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 17 criminal cases were registered against him in various Police Stations.
PART-I ] LA GAZETTE DE L'ETAT 6539. 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, assault, annoyance, damages to 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 hereby, in the capacity of Subdivisional Magistrate (North), Puducherry in exercise of powers conferred under section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Manimaran @ Doom Mani s/o. Fernandez, a resident of No. 20, Kannadasan Street, Solai Nagar, Muthialpet, 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 11th day of March, 2021, pronounced in the open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
————
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 66/2021, of I.R.No. 06/2021 under section 144 of Cr.P.C./715
ORDER
(UNDER SECTION 144 of Cr. P.C.)
State Represented by the Station House Office,
Muthialpet Police Station,
Puducherry.
.... Petitioner
Vs
Thiru Prabu @ Narayanan (33),
S/o. Ganesan,
No. 17, Rajagopal Giramani Thottam,
Chinnaiyapuram,
Muthialpet,
Puducherry.
.... Counter PetitionerLA GAZETTE DE L'ETAT [ PART-I 654 654 This petition along with case sheet is filed by Station House Officer, Thiru G. Kalaiarasan, Sub-Inspector, Muthialpet Police Station, Puducherry, praying to pass orders under section 144 Cr.P.C. against Thiru Prabu @ Narayanan to prevent imminent danger to human lives and properties and disturbance to the public tranquility and order, in the jurisdiction of this Court.
2. The Counter Petitioner is Prabu @ Narayanan. s/o. Ganesan, a resident of No. 17, Rajagopal Giramani Thottam, Chinnaiyapuram, Muthialpet, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case submitted by the Station House Officer, Muthialpet Police Station, Puducherry, through the Superintendent of Police (East), Puducherry vide I.R.No. 06/2021 under section 144 of Cr.P.C., dated 10-02-2021. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent up on indulging in crime such as criminal intimidation, hurt, extortion, disturbance to the public tranquility and order. The Counter Petitioner has created panic in the minds of local inhabitants and the business people in the Muthialpet Police Station limits. It is also stated that he is leading lavish life with the money earned from the public and business people by threatening. As a result, the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.
1. Cr.No. 169/2004 under section 34 BB of PP Act, dated 23-07-2004 of Muthialpet Police Station, Puducherry – Conviction.
2. Cr.No. 09/2005 under sections 341, 324, 506(ii) IPC r/w 34 IPC of Muthialpet Police Station, Puducherry – Conviction.
3. Cr.No. 76/2005 under section 12 of PG Act, dated 06-05-2005 of Muthialpet Police Station, Puducherry – Conviction.
4. Cr.No. 127/2005 under section 160 IPC, dated 12-07-2005 of Muthialpet Police Station, Puducherry – Conviction.
5. Cr.No. 129/2005 under sections 341, 323, 506(ii) IPC, dated 13-07-2005 of Muthialpet Police Station, Puducherry – Conviction.
6. Cr.No. 211/2007 under section 379 IPC, dated 16-08-2007 of Muthialpet Police Station, Puducherry – Pending Trial.
7. Cr.No. 01/2008 under section 3 of PDPP Act, dated 01-08-2008 of Muthialpet Police Station, Puducherry – Pending Trial.
8. Cr.No. 116/2008 under section 379 IPC, dated 12-6-2008 of Muthialpet Police Station, Puducherry – Pending Trial.
9. Cr.No. 218/2011 under sections 144, 150 IPC r/w 149 IPC and 27 of Arms Act of Muthialpet Police Station Puducherry – Pending Trial.
10. Cr.No. 230/2011 under sections 294, 506(ii) IPC & 120 -B IPC r/w 34 IPC of Muthialpet Police Station, Puducherry – Pending Trial.
11. Cr.No. 03/2009 under sections 448, 323, 427, 506(ii) IPC r/w 34 IPC of Muthialpet Police Station, Puducherry – Pending Trial.
12. Cr.No. 38/14 under sections 399, 402 IPC, dated 16-03-2014 of Orleanpet Police Station, Puducherry– Pending Trial.
PART-I ] LA GAZETTE DE L'ETAT 65513. Cr.No. 871/2017 under section 286 IPC r/w 4(1) (b) 5, 6 of Explosive Substances Act, 1908 r/w 109 IPC of Auroville Police Station – Pending Trial.
14. Cr.No. 81/2018 under sections 114, 147, 148, 341, 302, 109, 120-B IPC R/W 149 IPC of Muthialpet Police Station, Puducherry – Pending Trial.
4. The Petitioner has also submitted that the Counter Petitioner is not a law abiding citizen and he has often violated the conditions imposed by the Court while he was released on bail. It is also stated that the Counter Petitioner had become a source of terror among the public. It is further stated that he is very active notorious rowdy element and his associates are often doing rowdism, collecting mamools from the business people and therefore, his criminal activities cannot be prevented by invoking the mere security proceedings under the Cr.P.C. 5. The Petitioner further submitted that if, Counter Petitioner is allowed to reside in Puducherry limits, it is apprehended that he would continue to indulge in serious offences like attempt to murder, hurt, damages, assault and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Station House Officer, Muthialpet Police Station, Puducherry, has prayed to invoke provisions under section 144 Cr.P.C. against the Counter Petitioner do 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;
6. 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 08-03-2021 to appear for the hearing on 11-03-2021 at 11.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Muthialpet Police Station, Puducherry. The notice was received by the Counter Petitioner.
7. On 11-03-2021, the Petitioner Thiru G. Kalaiarasan, Sub-Inspector, Muthialpet Police Station, Puducherry and the Counter Petitioner were present.
8. 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 the activities of Thiru Prabu @ Narayanan is in such a manner that they may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 14 criminal cases were registered against him in various Police Stations. I have also heard the oral submission of the Counter Petitioner. The Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.
9. Up on hearing both sides and 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, assault, damages to 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;
LA GAZETTE DE L'ETAT [ PART-I 656 656Hence, I, M. Kandasamy, do hereby, in the capacity of Subdivisional Magistrate (North), Puducherry in exercise of powers conferred under section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Prabu @ Narayanan s/o. Ganesan, a resident of No. 17, Rajagopal Giramani Thottam, Chinnaiyapuram, Muthialpet, 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 11th day of March, 2021, pronounced in the open Court.
M. KANDASAMY, Subdivisional Magistrate (North).
————
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 67/2021, of I.R. No. 13/2021 under section 144 of Cr.P.C./716
ORDER
(UNDER SECTION 144 Cr.P.C.)
State Represented by the Station House Officer, Muthialpet Police Station, Puducherry.
.... Petitioner
Vs
Thiru Sasikumar @ Beem (30), S/o. Pandiyan, No. 45, Maravady Street, Kurusukuppam, Muthialpet, Puducherry.
.... Counter Petitioner
This petition along with case sheet is filed by Station House Officer, Thiru G. Kalaiarasan, Sub-Inspector, Muthialpet Police Station, Puducherry, praying to pass orders under section 144 Cr.P.C. against Thiru Sasikumar @ Beem, to prevent imminent danger to human lives and properties and disturbance to the public tranquility and order, in the jurisdiction of this Court.
2. The Counter Petitioner is Sasikumar @ Beem, s/o. Pandiyan, a resident of No. 45, Maravady Street, Kurusukuppam, Muthialpet, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case submitted by the Station House Officer, Muthialpet Police Station, Puducherry, through the Superintendent of Police (East), Puducherry vide I.R.No. 13/2021 underPART-I ] LA GAZETTE DE L'ETAT 657 section 144 of Cr.P.C., dated 18-02-2021. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent up on indulging in crime such as disturbance to the public tranquility and order. The Counter Petitioner has created panic in the minds of local inhabitants. It is also stated in the I.R that the Station House Officer has received reliable information that the Counter Petitioner is desperate and is in dire need of money to maintain his rowdy gang to meet out in case trials and daily expenses. It is also stated that the Counter Petitioner extract money from the business people by threatening. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.
1. 156/2010 under sections 302 IPC @ 147, 148, 302 IPC and 3 of Explosive Substances Act 1908 r/w 149 IPC, dated 09-07-2010 of Muthialpet Police Station, Puducherry – Acquitted.
2. 238/2010 under sections 147, 148, 307 r/w 149 IPC, dated 08-11-2010 of Muthialpet Police Station, Puducherry – Pending Trial.
3. 189/2011 under sections 147, 148, 302 IPC r/w 149 IPC, dated 21-08-2011 of Muthialpet Police Station, Puducherry– Pending Trial.
4. 33/2012 under sections 147, 427, 324, 506(ii) IPC r/w 149 IPC Muthialpet Police Station, Puducherry – Pending Trial.
5. 53/2012 under section 151 @ 110 Cr.P.C., dated 07-06-2012 of Muthialpet Police Station, Puducherry– Discharged.
6. 143/2012 under sections 452, 427, 506(II) IPC r/w 34 IPC of Muthialpet Police Station, Puducherry– Acquitted
7. 91/2012 under sections 147, 148, 341, 332, 333, 302, 307, 109 IPC, 3 of PDPP Act and 3 of Explosive Substances Act 1908 r/w 149 IPC dated 10-08-2012 of Thavalakuppam Police Stations, Puducherry – Acquitted.
8. 78/2015 under sections 294(b), 323, 324, 427, 506(ii) r/w 34 IPC, dated 09-08-2015 of Muthilapet Police Station, Puducherry – Pending Trial.
9 34/2017 under sections 294(b), 427, 506(ii) IPC r/w 34 IPC, dated 30-04-2017 of Muthialpet Police Station, Puducherry – Pending Trial.
10 132/2017 under sections 294(b), 323, 324, 506(ii) IPC r/w 34 IPC, dated 25-11-2017 of Muthilapet Police Station, Puducherry – Pending Trial.
4. The Petitioner has also submitted that the Counter Petitioner is not a law abiding citizen. It is further stated that you are involving in various offences by using deadly weapon and therefore, his criminal activities cannot be prevented by invoking the security proceedings under the Cr.P.C.
5. The Petitioner further submitted that if, Counter Petitioner is allowed to reside in Muthialpet, Puducherry, limits, it is apprehended that he would continue to indulge in serious offences like attempt to murder, hurt, damages, assault and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Station House Officer, Muthialpet Police Station, Puducherry, has prayed to invoke provisions under section 144 Cr.P.C. against the Counter Petitioner to 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;
LA GAZETTE DE L'ETAT [ PART-I 658 6586. 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 08-03-2021 to appear for the hearing on 11-03-2021 at 11.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Muthialpet Police Station, Puducherry. The notice for the Counter Petitioner was received by his wife, S. Bhuvana. The service was held sufficient for the Counter Petitioner.
7. On 11-03-2021, the Petitioner, Thiru G. Kalaiarasan, Sub-Inspector, Muthialpet Police Station, Puducherry and the Counter Petitioner were present.
8. 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 the activities of Thiru Sasikumar @ Beem is in such a manner that they may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 10 criminal cases were registered against him in various Police Stations. I have also heard the oral submission of the Counter Petitioner. The Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.
9. Up on hearing both sides and 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, assault, damages to 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 hereby, in the capacity of Subdivisional Magistrate (North), Puducherry, in exercise of powers conferred under section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Sasikumar @ Beem, s/o. Pandiyan, a resident of No. 45, Maravady Street, Kurusukuppam, Muthialpet, 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 11th day of March, 2021, pronounced in the open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
PART-I ] LA GAZETTE DE L'ETAT 659IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 69/2021, of I.R.No. 15/2021 under section 144 of Cr.P.C./717
ORDER
(UNDER SECTION 144 OF Cr. P.C.)
State Represented by Station House Officer, Muthialpet Police Station, Puducherry.
. . Petitioner
Vs
Thiru Prabakaran @ Mookan (20), S/o. Subramani, No. 04, Tsunami Quarters, Kurusukuppam, Muthialpet, Puducherry.
. . Counter Petitioner
This petition along with case sheet is filed by Station House Officer, G. Kalaiarasan, Sub-Inspector, Muthialpet Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C. against Thiru Prabakaran @ Mookan to prevent imminent danger to human lives and properties, and disturbance to the public tranquility and order, in the jurisdiction of this Court.
2. The Counter Petitioner is Prabakaran @ Mookan, son of Subramani, a resident of No. 04, Tsunami Quarters, Kurusukuppam, Muthialpet, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case submitted by the Station House Officer, Muthialpet Police Station, Puducherry through the Superintendent of Police (East), Puducherry vide I.R.No.15/2021, under section 144 of Cr.P.C, dated 19-02-2021. Therein, it has been stated that the Counter Petitioner have formed a gang of rowdies and bent up on indulging in crime such as disturbance to the public tranquility and order. The Counter Petitioner have created panic in the minds of local inhabitants. It is also stated in the I.R that the Station House Officer have received reliable information that the Counter Petitioner is desperate and is in dire need of money to maintain his rowdy gang to meet out in case trials and daily expenses. It is also stated that the Counter Petitioner extract money from the business people by threatening. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.
1. Cr.No. 107/2017 under sections 120-B, 147, 148, 307, 326 IPC r/w 149 IPC, dated 28-09-2017 of Muthialpet Police Station, Puducherry – Pending Trial.
2. Cr.No. 37/2018 under sections 147, 148, 302 IPC r/w 149 IPC, dated 06-03-2018 of Grand Bazzar Police Station, Puducherry – Pending Trial.
3. Cr.No. 86/2018 under section 25(1)(a) of Arms Act, 1959, dated 01-09-2018 of Muthialpet Police Station, Puducherry – Pending Trial.
LA GAZETTE DE L'ETAT [ PART-I 660 6604. The Petitioner has also submitted that the Counter Petitioner is not a law abiding citizen. It is further stated that you are involving in various offences by using deadly weapon and therefore his criminal activities cannot be prevented by invoking the security proceedings under the Cr.P.C.
5. The Petitioner further submitted that if, Counter Petitioner is allowed to reside in Muthialpet, Puducherry limits, it is apprehended that he would continue to indulge in serious offences like attempt to murder, hurt, damages, assault and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Station House Officer, Muthialpet Police Station, Puducherry has prayed to invoke provisions under section 144 of Cr.P.C against the Counter Petitioner do 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;
6. 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 08-03-2021 to appear for the hearing on 11-03-2021 at 11.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Muthialpet Police Station, Puducherry. The notice was received by the Counter Petitioner.
7. On 11-03-2021, the Petitioner Thiru G. Kalaiarasan, Sub-Inspector, Muthialpet Police Station, and the Counter Petitioner were present.
8. 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 the activities of Thiru Prabakaran @ Mookan is in such a manner that they may cause breach of peace and create a problem of law and order, and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 3 criminal cases were registered against him in various Police Stations. I have also heard the oral submission of the Counter Petitioner. The Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.
9. Up on hearing both sides and 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, assault, damages to 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 hereby, 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 the Counter Petitioner Thiru. Prabakaran @ Mookan, son of Subramani, a resident of No. 04, Tsunami Quarters, Kurusukuppam, Muthialpet, 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 earlierPART-I ] LA GAZETTE DE L'ETAT 661 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 11th day of March, 2021, pronounced in the open Court.
M. KANDASAMY, Subdivisional Magistrate (North).
————
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 74/2021, of I.R.No. 30/2021 under section 144 of Cr.P.C./705
ORDER
(UNDER SECTION 144 OF Cr. P.C.)
State Represented by Station House Officer, Thavalakuppam Police Station, Puducherry.
. . Petitioner
Vs
Thiru Tamilarasan @ Segar (22), S/o. Manangatti, Kamaraj Street, Pooranankuppam, Thavalakuppam, Puducherry.
. . Counter Petitioner
This petition along with case sheet is filed by Station House Officer, M. Ilango, Sub-Inspector, Thavalakuppam Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C against Thiru Tamilarasan @ Segar to prevent imminent danger to human lives and properties, and disturbance to the public tranquility and order, in the jurisdiction of this Court.
2. The Counter Petitioner is Tamilarasan @ Segar, son of Manangatti, a resident of Kamaraj Street, Pooranankuppam, Thavalakuppam, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case submitted by the Station House Officer, Thavalakuppam Police Station, Puducherry with the recommendation of the Superintendent of Police (South), Puducherry vide I.R. No. 30/2021, under section 144 of Cr.P.C, dated 05-03-2021. Therein, it has been stated that the Counter Petitioner have formed a gang of rowdies and bent upon indulging in crime such as murder, explosive substances by using Country made bombs. The Counter Petitioner have created panic in the minds of local inhabitants. As a result the people of the locality being afraid of you 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.
LA GAZETTE DE L'ETAT [ PART-I 662 6621. Cr.No. 229/13 under sections 147, 148, 341, 302 IPC r/w 149 IPC, dated 19-11-2013 of Reddichavady Police Station, Tamil Nadu.
2. C r. N o . 8 6 u n d e r s e c t i o n s 1 4 7 , 1 4 8 , 3 4 1 , 3 4 2 , 3 0 2 I P C r/w 149 IPC and 3 of Explosive Substances Act, 1908, dated 21-11-2014 of Thavalakuppam Police Station, Puducherry.
3. IR.No. 34/2014 under section 144 of Cr.P.C., dated 08-10-2014.
4. IR.No. 27/2015 under section 110 of Cr.P.C., dated 11-11-2015.
5. IR.No. 33/2016 under section 151 of Cr.P.C., dated 23-08-2016.
6. IR.No. 10/2019 under section 107 of Cr.P.C., dated 13-03-2019.
7. IR.No. 43/2019 under sections 150 @ 107 of Cr.P.C., dated 25-11-2019.
8. IR.No. 67/2020 under section 110 of Cr.P.C., dated 12-11-2020.
4. The Petitioner further submitted that the Counter Petitioner was very active notorious rowdy element and become a source of terror among the public. It is also stated that he has involved in various offences by using aruval, knife, and other lethal weapon to attack the victims.
5. It is also stated in the I.R that the Station House Officer have received reliable information that he is desperate and is in dire need of money to maintain his group of rowdy elements and to meet expenses in connection with the trial in the pending criminal cases against him. The Counter Petitioner are hatching plans to threaten the business people in the Puducherry urban area and extort money from them by threatening and he was often violated the conditions imposed by the Criminal Courts while he was released on bail and have scant respect to the Judiciary and rule of law. The Petitioner also stated that the Counter Petitioner earned displeasure among a section of other rowdy group in the area on account of the grudge against him and hence, rival group is also waiting opportunity to take revenge up on him.
6. The Petitioner further submitted that if, Counter Petitioner is allowed to reside in Puducherry urban limits, it is apprehended that he would continue to indulge in serious offences like murder, attempt to murder, damages to public and private properties, assault and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Station House Officer, Thavalakuppam Police Station, Puducherry, has prayed to invoke provisions under section 144 of Cr.P.C against the Counter Petitioner do 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 08-03-2021 to appear for the hearing on 16-03-2021. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Thavalakuppam Police Station, Puducherry. The notice for the Counter Petitioner was received by his brother, Ranjan. The service was held sufficient for the Counter Petitioner.
8. On 16-03-2021, the Petitioner Thiru M. Ilango, Sub-Inspector, Thavalakuppam Police Station, Puducherry and the Counter Petitioner were present.
PART-I ] LA GAZETTE DE L'ETAT 6639. 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 the activities of Thiru Tamilarasan @ Segar is in such a manner that they may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 8 criminal cases were registered against him in various Police Stations. I have also heard the oral submission of the Counter Petitioner. The Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.
10. Up on hearing both sides and 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, assault, damages to 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 hereby, 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 the Counter Petitioner Thiru Tamilarasan @ Segar, son of Manangatti, a resident of Kamaraj Street, Pooranankuppam, Thavalakuppam, 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 16th day of March, 2021, pronounced in the open Court.
M. KANDASAMY, Subdivisional Magistrate (North).
————
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 75/2021, of I.R.No. 31/2021 under section 144 of Cr.P.C./706
ORDER
(UNDER SECTION 144 OF Cr. P.C.)
State Represented by Station House Officer, Thavalakuppam Police Station, Puducherry.
. . Petitioner
VsLA GAZETTE DE L'ETAT [ PART-I 664 664 Thiru Tamilarasan (26), S/o. Lingamoorthy, Middle Street, Pooranankuppam, Thavalakuppam, Puducherry.
. . Counter Petitioner
This petition along with case sheet is filed by Station House Officer, M. Ilango, Sub-Inspector, Thavalakuppam Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C against Thiru Tamilarasan to prevent imminent danger to human lives and properties, and disturbance to the public tranquility and order, in the jurisdiction of this Court.
2. The Counter Petitioner is Tamilarasan, son of Lingamoorthy, a resident of Middle Street, Pooranankuppam, Thavalakuppam, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case submitted by the Station House Officer, Thavalakuppam Police Station, Puducherry, with the recommendation of the Superintendent of Police (South), Puducherry vide I.R.No. 31/2021, under section 144 of Cr.P.C, dated 05-03-2021. Therein, it has been stated that the counter petitioner have formed a gang of rowdies and bent upon indulging in crime such as murder, explosive substances by using Country made bombs. The Counter Petitioner have created panic in the minds of local inhabitants. As a result the people of the locality being afraid of you 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 Petitionerr.
1. Cr.No. 229/2013 under sections 147, 148, 341, 302 IPC r/w 149 IPC, dated 19-11-2013 of of Reddichavady Police Station, Tamil Nadu.
2. C r. N o. 8 6 u n d e r s e c t i o n s 1 4 7 , 1 4 8 , 3 4 1 , 3 4 2 , 3 0 2 I P C r/w 149 IPC and 3 of Explosive Substances Act, 1908, dated 21-11-2014 of Thavalakuppam Police Station, Puducherry.
3. Cr.No. 62/2012 u n d e r s e c t i o n s 345, 323, 506(ii) IPC r/w 34 IPC, dated 29-05-2012 of Thavalakuppam Police Station, Puducherry.
4. IR.No. 04/2015 under section 144 of Cr.P.C., dated 01-03-2015.
5. IR.No. 87/2015 under section 110 of Cr.P.C., dated 11-11-2015.
6. IR.No. 09/2017 under section 144 of Cr.P.C., dated 11-05-2017.
7. IR.No. 03/2018 under section 110 of Cr.P.C., dated 06-02-2018.
8. IR.No. 10/2018 under section 144 of Cr.P.C., dated 01-05-2018.
9. IR.No. 06/2019 under section 144 of Cr.P.C., dated 11-03-2019.
10. IR.No. 20/2019 under section 107 of Cr.P.C., dated 28-07-2019.
11. IR.No. 68/2020 under section 110 of Cr.P.C., dated 16-11-2020.
4. The Petitioner further submitted that the Counter Petitioner was very active notorious rowdy element and become a source of terror among the public. It is also stated that he has involved in various offences by using aruval, knife, and other lethal weapon to attack the victims.
PART-I ] LA GAZETTE DE L'ETAT 6655. It is also stated in the I.R that the Station House Officer have received reliable information that he is desperate and is in dire need of money to maintain his group of rowdy elements and to meet expenses in connection with the trial in the pending criminal cases against him. The Counter Petitioner are hatching plans to threaten the business people in the Puducherry urban area and extort money from them by threatening and he was often violated the conditions imposed by the Criminal Courts while he was released on bail and have scant respect to the Judiciary and rule of law. The Petitioner also stated that the Counter Petitioner earned displeasure among a section of other rowdy group in the area on account of the grudge against him and hence rival group is also waiting opportunity to take revenge up on him.
6. The petitioner further submitted that if, Counter Petitioner is allowed to reside in Puducherry urban limits, it is apprehended that he would continue to indulge in serious offences like murder, attempt to murder, damages to public and private properties, assault and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Station House Officer, Thavalakuppam Police Station, Puducherry has prayed to invoke provisions under section 144 of Cr.P.C. against the Counter Petitioner do 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 08-03-2021 to appear for the hearing on 16-03-2021. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Thavalakuppam Police Station, Puducherry. The notice was received by the counter petitioner.
8. On 16-03-2021, the petitioner Thiru M. Ilango, Sub-Inspector, Thavalakuppam Police Station, Puducherry, and the Counter Petitioner were present.
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 the activities of Thiru Tamilarasan is in such a manner that they may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 11 criminal cases were registered against him in various Police Stations. I have also heard the oral submission of the Counter Petitioner. The Counter Petitioner has stated that the petitioner has filed this false case with an ulterior motive.
10. Up on hearing both sides and 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, assault, damages to 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.
LA GAZETTE DE L'ETAT [ PART-I 666 666Hence, I, M. Kandasamy, do hereby, 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 the counter petitioner Thiru Tamilarasan, son of Lingamoorthy, a resident of Middle Street, Pooranankuppam, Thavalakuppam, 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 16th day of March, 2021, pronounced in the open Court.
M. KANDASAMY, Subdivisional Magistrate (North).
————
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 76/2021, of I.R.No. 32/2021 under section 144 of Cr.P.C./707
ORDER
(UNDER SECTION 144 OF Cr. P.C.)
State Represented by Station House Officer, Thavalakuppam Police Station, Puducherry.
. . Petitioner
Vs
Thiru Anbalagan @ Alagar (42), S/o. Seenuvasan, No. 69, Middle Street, Pooranankuppam, Thavalakuppam, Puducherry.
. . Counter Petitioner
This petition along with case sheet is filed by Station House Officer, Thiru M. Ilango, Sub-Inspector, Thavalakuppam Police Station, Puducherry praying to pass orders under section 144 of Cr.P.C. against Thiru Anbalagan @ Alagar to prevent imminent danger to human lives and properties and disturbance to the public tranquility and order, in the jurisdiction of this Court.
2. The Counter Petitioner is Anbalagan @ Alagar, son of Seenuvasan, a resident of No. 69, Middle Street, Pooranankuppam, Thavalakuppam, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case submitted by the Station House Officer, Thavalakuppam Police Station, Puducherry, with the recommendation of the Superintendent of Police (South), PuducherryPART-I ] LA GAZETTE DE L'ETAT 667 vide I.R.No. 32/2021 under section 144 of Cr.P.C., dated 05-03-2021. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent up on indulging in crime such as murder, explosive substances by using Country made bombs. The Counter Petitioner has created panic in the minds of local inhabitants. As a result the people of the locality being afraid of you 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.
1. Cr.No. 229/2013 under sections 147, 148, 341, 302 IPC r/w 149 IPC, dated 19-11-2013 of Reddichavady Police Station, Tamil Nadu.
2. C r. N o . 8 6 u n d e r s e c t i o n s 1 4 7 , 1 4 8 , 3 4 1 , 3 4 2 , 3 0 2 I P C r/w 149 IPC and 3 of Explosive Substances Act, 1908, dated 21-11-2014 of Thavalakuppam Police Station, Puducherry.
3. IR.No. 33/2014 under section 144 of Cr.P.C., dated 07-10-2014.
4. IR.No. 23/2015 under section 114 of Cr.P.C., dated 11-08-2015.
5. IR.No. 02/2016 under section 114 of Cr.P.C., dated 14-03-2016.
6. IR.No. 35/2016 under section 114 of Cr.P.C., dated 27-09-2016.
7. IR.No. 11/2017 under sections 144 of Cr.P.C., dated 13-05-2017.
8. IR.No. 08/2018 under section 114 of Cr.P.C., dated 30-04-2018.
9. IR.No. 11/2019 under sections 144 of Cr.P.C., dated 14-03-2019.
10. IR.No. 42/2019 under section 150 of Cr.P.C., dated 24-11-2019.
4. The Petitioner further submitted that the Counter Petitioner was very active notorious rowdy element and become a source of terror among the public. It is also stated that he has involved in various offences by using aruval, knife, and other lethal weapon to attack the victims.
5. It is also stated in the I.R that the Station House Officer have received reliable information that he is desperate and is in dire need of money to maintain his group of rowdy elements and to meet expenses in connection with the trial in the pending criminal cases against him. The Counter Petitioner are hatching plans to threaten the business people in the Puducherry urban area and extort money from them by threatening and he was often violated the conditions imposed by the criminal Courts while he was released on bail and have scant respect to the Judiciary and rule of law. The Petitioner also stated that the Counter Petitioner earned displeasure among a section of other rowdy group in the area on account of the grudge against him and hence rival group is also waiting opportunity to take revenge up on him.
6. The Petitioner further submitted that if Counter Petitioner is allowed to reside in Puducherry urban limits, it is apprehended that he would continue to indulge in serious offences like murder, attempt to murder, damages to public and private properties, assault and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Station House Officer, Thavalakuppam Police Station, Puducherry has prayed to invoke provisions under section 144 of Cr.P.C. against the Counter Petitioner do 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.
LA GAZETTE DE L'ETAT [ PART-I 668 6687. 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 08-03-2021 to appear for the hearing on 16-03-2021. It was instructed to serve the notice to the counter petitioner through the Station House Officer, Thavalakuppam Police Station, Puducherry. The notice was received by the counter petitioner.
8. On 16-03-2021, the Petitioner Thiru M. Ilango, Sub-Inspector, Thavalakuppam Police Station, Puducherry and the Counter Petitioner were present.
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 the activities of Thiru. Anbalagan @ Alagar is in such a manner that they may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 10 criminal cases were registered against him in various Police Stations. I have also heard the oral submission of the Counter Petitioner. The Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.
10. Up on hearing both sides and 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, assault, damages to 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 hereby, 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 the counter petitioner Thiru Anbalagan @ Alagar, son of Seenuvasan, a resident of No. 69, Middle Street, Pooranankuppam, Thavalakuppam, 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 16th day of March, 2021 pronounced in the open Court.
M. KANDASAMY, Subdivisional Magistrate (North).
————
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