[ 595 ]
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
Registered with the Registrar
of Newspapers for India
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The Gazette of Puducherry
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5 {
No.
75
Poudouchéry
Lundi
5
Avril
2021 (15 Chaitra 1943)
No.
Puducherry
Monday
5th
April
2021
596
LA GAZETTE DE L’ETAT
[ PART-I
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
597
12. 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.
598
LA GAZETTE DE L’ETAT
[ PART-I
598
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 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 Petitioner
PART-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.
600
LA GAZETTE DE L’ETAT
[ PART-I
600
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 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
601
Hence, 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 the
602
LA GAZETTE DE L’ETAT
[ PART-I
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 through
PART-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).
604
LA GAZETTE DE L’ETAT
[ PART-I
604
IN 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
605
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 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;
606
LA GAZETTE DE L’ETAT
[ PART-I
606
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 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 crime
PART-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.
608
LA GAZETTE DE L’ETAT
[ PART-I
608
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 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
609
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 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), Puducherry
610
LA GAZETTE DE L’ETAT
[ PART-I
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
611
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 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 Petitioner
612
LA GAZETTE DE L’ETAT
[ PART-I
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
613
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 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
Vs
614
LA GAZETTE DE L’ETAT
[ PART-I
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 uuder
PART-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).
616
LA GAZETTE DE L’ETAT
[ PART-I
616
IN 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;
618
LA GAZETTE DE L’ETAT
[ PART-I
618
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 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 Counter
PART-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,
620
LA GAZETTE DE L’ETAT
[ PART-I
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
Vs
PART-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.
622
LA GAZETTE DE L’ETAT
[ PART-I
622
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. 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
623
IN 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.
624
LA GAZETTE DE L’ETAT
[ PART-I
624
3. 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
625
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 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), Puducherry
626
LA GAZETTE DE L’ETAT
[ PART-I
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., and
PART-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).
628
LA GAZETTE DE L’ETAT
[ PART-I
628
IN 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
629
4. 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.C
630
LA GAZETTE DE L’ETAT
[ PART-I
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
631
IN 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.
632
LA GAZETTE DE L’ETAT
[ PART-I
632
4. 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
633
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 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.
634
LA GAZETTE DE L’ETAT
[ PART-I
634
2. 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
635
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 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
Vs
636
LA GAZETTE DE L’ETAT
[ PART-I
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. against
PART-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).
638
LA GAZETTE DE L’ETAT
[ PART-I
638
IN 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
639
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 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,
640
LA GAZETTE DE L’ETAT
[ PART-I
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 any
PART-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 in
642
LA GAZETTE DE L’ETAT
[ PART-I
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
643
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. 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.
644
LA GAZETTE DE L’ETAT
[ PART-I
644
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, 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 Petitioner
PART-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.
646
LA GAZETTE DE L’ETAT
[ PART-I
646
11. 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. Cr.No. 94/2018 under section 25(1) (A) of Arms Act 1959 of
Muthialpet Police Station Puducherry – Pending Trial.
21. Cr.No. 108/2019under sections 294(b), 394 r/w 34 IPC 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
647
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 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).
648
LA GAZETTE DE L’ETAT
[ PART-I
648
IN 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
649
4. 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.
650
LA GAZETTE DE L’ETAT
[ PART-I
650
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 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
651
2. 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.
652
LA GAZETTE DE L’ETAT
[ PART-I
652
13. 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
653
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 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 Petitioner
654
LA GAZETTE DE L’ETAT
[ PART-I
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
655
13. 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;
656
LA GAZETTE DE L’ETAT
[ PART-I
656
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 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 under
PART-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;
658
LA GAZETTE DE L’ETAT
[ PART-I
658
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 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
659
IN 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.
660
LA GAZETTE DE L’ETAT
[ PART-I
660
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 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 earlier
PART-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.
662
LA GAZETTE DE L’ETAT
[ PART-I
662
1. 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. Cr.No. 86 under sections 147, 148, 341, 342, 302 IPC 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
663
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 @ 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
Vs
664
LA GAZETTE DE L’ETAT
[ PART-I
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. Cr.No. 86 under sections 147, 148, 341, 342, 302 IPC 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 under sections 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
665
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 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.
666
LA GAZETTE DE L’ETAT
[ PART-I
666
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, 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), Puducherry
PART-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. Cr.No. 86 under sections 147, 148, 341, 342, 302 IPC 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.
668
LA GAZETTE DE L’ETAT
[ PART-I
668
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. 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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Published by the Director, Government Press, Puducherry.