[ 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

under No. 10410

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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).

————

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

Published by the Director, Government Press, Puducherry.