[ 697 ]

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 71/2021, I.R.No. 02/2021 under section 144 of Cr.P.C.

ORDER

(UNDER SECTION 144 OF Cr.P.C.)

State Represented by Station House Officer,

Reddiyarpalayam Police Station,

Puducherry.

. . Petitioner

Thiru Mohan @ Pathira Mohan (40),

S/o. Moorthy,

No. 39-A, Sivasakthi Nagar,

Marie Oulgaret,

Puducherry.

. . Counter Petitioner

Registered with the Registrar

of Newspapers for India

under No. 10410

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No.

Poudouchéry

Mercredi

Avril

2021 (17 Chaitra 1943)

No.

Puducherry

Wednesday

7th

April

2021

698

LA GAZETTE DE L’ETAT

[ PART-I

698

This petition along with case sheet is filed by Station House Officer,

Thiru P. Sivaprakassam, Sub-Inspector, Reddiyarpalayam Police Station, Puducherry,

praying to pass orders under section 144 of Cr.P.C., against Thiru Mohan @ Pathira

Mohan 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 Mohan @ Pathira Mohan, s/o. Moorthy,

a resident of No. 39-A, Sivasakthi Nagar, Marie Oulgaret, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case

submitted by the Station House Officer, Reddiyarpalayam Police Station,

Puducherry, with the recommendation of the Superintendent of Police (North),

Puducherry vide I.R.No. 02/2021 under section 144 of Cr.P.C., dated 06-01-2021.

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, attempt to murder, hurt, extortion,

intimidation, unlawful activities and disturbance to the public tranquillity and order.

The Counter Petitioner has created panic in the minds of local inhabitants. 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 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. 175/2016 under section 386 r/w 34 IPC, dated 14-12-2016 of

Lawspet Police Station, Puducherry – Acquitted.

2. Cr. No. 193/2016 under sections 143, 387 r/w 149 IPC, dated 27-09-2016

of Odiansalai Police Station, Puducherry – Acquitted.

3. Cr. No. 241/2016 under sections 448, 468, 471, 506(ii) IPC, r/w 34 IPC,

dated 04-12-2016 of Grand Bazaar Police Station, Puducherry – Pending

Trial.

4. Cr. No. 77/2019 under sections 457, 380 r/w 34 IPC, dated 21-09-2019 of

Mettupalayam Police Station, Puducherry – Pending Trial.

5. Cr. No. 114/2019 under sections 447, 385, 506(ii) r/w 34 IPC, dated

25-05-2019 of D’Nagar Police Station, Puducherry – Pending Trial.

4. The Petitioner further stated that the Counter Petitioner involved in

various offences by using aruval, knife and other dangerous weapons to threaten

the victims and business people and become a source of terror among the public.

5. It is also stated in the IR that the Station House Officer has 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 is hatching plans

to threaten the business people in the Puducherry urban area and extort money

from them by threatening and he violated the conditions imposed by the Criminal

Courts 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 upon him.

6. 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 extortion, damages to public and private properties, assault,

obstructions, annoyance, etc., and thereby emerged as a perennial source of threat

PART-I ]

LA GAZETTE DE L’ETAT

699

to the community and disturb public peace and order. Hence, the Station House

Officer, Reddiyarpalayam 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

and 17-03-2021. It was instructed to serve the notice to the Counter Petitioner

through the Station House Officer, Reddiyarpalayam Police Station, Puducherry.

The notice was received by the Counter Petitioner.

8. On 17-03-2021, the Petitioner Thiru P. Sivaprakassam, Sub-Inspector,

Reddiyarpalayam 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 Mohan @ Pathira Mohan 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, unlawful activities

and disturbance to the public peace and order. There are 5 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 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, damages to public and private properties,

obstructions, annoyance, 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 Mohan @ Pathira Mohan, s/o. Moorthy, a resident of No. 39-A,

Sivasakthi Nagar, Marie Oulgaret, 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 17th day of March, 2021, pronounced in the

open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

700

LA GAZETTE DE L’ETAT

[ PART-I

700

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 72/2021, I.R.No. 03/2021 under section 144 of Cr.P.C.

ORDER

(UNDER SECTION 144 OF Cr.P.C.)

State Represented by Station House Officer,

Reddiyarpalayam Police Station,

Puducherry.

. . Petitioner

Thiru Sundaravaradan @ Sundar (34),

S/o. Veerakesavan @ Dhanamoorthy,

No. 174, Uzhanthai Eari Pathai,

Boomiyanpet,

Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by Station House Officer,

Thiru P. Sivaprakassam, Sub-Inspector, Reddiyarpalayam Police Station, Puducherry,

praying to pass orders under section 144 Cr.P.C. against Thiru Sundaravaradan @

Sundar 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 Sundaravaradan @ Sundar, s/o. Veerakesavan

@ Dhanamoorthy, a resident of No. 174, Uzhanthai Eari Pathai, Boomiyanpet,

Puducherry.

3. The facts which led up to the petition are briefly as follows: The case

submitted by the Station House Officer, Reddiyarpalayam 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 12-01-2021.

Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies

and bent upon indulging in crime such as murder, attempt to murder, hurt, extortion,

dacoity, unlawful activities and disturbance to the public tranquillity and order .

The Counter Petitioner has created panic in the minds of local inhabitants. 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. 15/2006 under sections 323, 354, 506 (ii) IPC r/w 34 IPC, dated

05-02-2006 of Reddiyarpalayam Police Station, Puducherry.

2. Cr.No. 153/2011 under sections 448, 323, 324, 294, 506 (ii) r/w 34

IPC, dated 21-08-2011 of Reddiyarpalayam Police Station, Puducherry.

3. Cr.No. 154/2011 under sections 147, 148, 302, 324, 323 IPC, r/w 149

IPC, dated 21-08-2011 of Reddiyarpalayam Police Station, Puducherry.

4. Cr.No. 29/2015 under sections 326, 506(ii) r/w 34 IPC, dated 12-04-2015

of Reddiyarpalayam Police Station, Puducherry.

PART-I ]

LA GAZETTE DE L’ETAT

701

5. Cr.No. 67/2019 under sections 294(b), 323, 506(i) IPC r/w 34 IPC, dated

20-06-2019 of Reddiyarpalayam Police Station, Puducherry.

6. Cr.No. 09/2020 under sections 147, 148, 294(b), 323, 324, 506(ii) IPC

r/w 149 IPC, dated 11-01-2020 of Reddiyarpalayam Police Station,

Puducherry.

7. Cr.No. 95/2015 under sections 3 of Explosive Act, dated 15-6-2015 of

Odiansalai Police Station, Puducherry.

4. The Petitioner further stated that the Counter Petitioner is 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 dangerous

weapons to attack the victims.

5. It is also stated in the IR that the Station House Officer has 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. 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 upon him.

6. 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, assault, 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, Reddiyarpalayam 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

and 17-03-2021. It was instructed to serve the notice to the Counter Petitioner

through the Station House Officer, Reddiyarpalayam Police Station, Puducherry.

The notice was received by the Counter Petitioner.

8. On 17-03-2021, the Petitioner Thiru P. Sivaprakassam, Sub-Inspector,

Reddiyarpalayam 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 Sundaravaradan @ Sundar, 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 7 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.

702

LA GAZETTE DE L’ETAT

[ PART-I

702

10. 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, damages to properties, obstructions,

annoyance 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 Sundaravaradan @ Sundar, s/o. Veerakesavan @ Dhanamoorthy, a

resident of No. 174, Uzhanthai Eari Pathai, Boomiyanpet, 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 the 17th 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. 73/2021, I.R.No. 04/2021 under section 144 of Cr.P.C.

ORDER

(UNDER SECTION 144 OF Cr.P.C.)

State Represented by Station House Officer,

Reddiyarpalayam Police Station,

Puducherry.

. . Petitioner

Thiru Ramesh @ Auto Ramesh (26),

S/o. Kanagaraj,

No. C-13, Lambert Saravanan Nagar,

Reddiarpalayam,

Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by Station House Officer,

Thiru P. Sivaprakassam, Sub-Inspector, Reddiyarpalayam Police Station,

Puducherry, praying to pass orders under section 144 of Cr.P.C., against Thiru

Ramesh @ Auto Ramesh 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

703

2. The Counter Petitioner is Ramesh @ Auto Ramesh son of Kanagaraj,

a resident of No. C-13, Lambert Saravanan Nagar, Reddiyarpalayam, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case

submitted by the Station House Officer, Reddiyarpalayam 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 27-01-2021.

Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies

and bent upon indulging in crime such as murder, attempt to murder, hurt, extortion,

intimidation, unlawful activities and disturbance to the public tranquility and order.

The Counter Petitioner has created panic in the minds of local inhabitants. 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. 120/2018 under sections 341, 302 r/w 34 IPC @ 148, 341, 302,

120(B) IPC, r/w149 IPC, dated 30-09-2018 of Reddiyarpalayam Police

Station, Puducherry.

4. The Petitioner further stated that the Counter Petitioner involved in

various offences by using aruval, knife and other dangerous weapons to threaten

the victims and business people and become a source of terror among the public.

5. The Petitioner further submitted that if, Counter Petitioner is allowed to

reside in Subdivisional Magistrate (North) limits, it is apprehended that he would

continue to indulge in serious offences like murder, attempt to murder, kidnapping,

extortion, damages to public and private properties, assault, 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,

Reddiyarpalayam 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 16-03-2021

and 17-03-2021. It was instructed to serve the notice to the Counter Petitioner

through the Station House Officer, Reddiyarpalayam Police Station, Puducherry.

The notice was received by the Counter Petitioner was served by affixing it at his

house in presence of his grandmother Tmt. V. Janagi. The service was held sufficient

for the Counter Petitioner.

7. On 17-03-2021, the Petitioner Thiru P. Sivaprakassam, Sub-Inspector,

Reddiyarpalayam 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 Ramesh @ Auto Ramesh, 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 Reddiyarpalayam Police Station, Puducherry.

704

LA GAZETTE DE L’ETAT

[ PART-I

704

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, damages to properties, obstructions, annoyance, 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 Ramesh @ Auto Ramesh, s/o. Kanagaraj, a resident of No. C-13,

Lambert Saravanan Nagar, Reddiyarpalayam, 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 the 17th 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. 77/2021, I.R.No. 05/2021 under section 144 of Cr.P.C.

ORDER

(UNDER SECTION 144 OF Cr.P.C.)

State Represented by Station House Officer,

Reddiyarpalayam Police Station,

Puducherry.

. . Petitioner

Thiru Vicky @ Vigneshwaran (28),

S/o. Sellaveeran,

No. 21, Veterinary Hospital Street,

Karuvadikuppam, Lawspet,

Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by Station House Officer,

represented by Thiru Veerabathrasamy, Sub-Inspector, Lawspet Police Station,

Puducherry, praying to pass orders under section 144 Cr.P.C., against Thiru Vicky

@ Vigneshwaran 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

705

2. Counter Petitioner is Vicky @ Vigneshwaran son of Sellaveeran, a resident

of No. 21, Veterinary Hospital 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. 05/2021 under section 144 of Cr.P.C., dated 25-01-2021. 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, attempt to murder, hurt, dacoity, arms act, NDPS

cases, explosive case, 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.

1. Cr.No. 04/2012 under sections 324 IPC, r/w 34 IPC of Lawspet Police

Station, Puducherry – Acquitted.

2. Cr.No.26/2012 under sections 394-IPC @ 397-IPC-of Auroville Police

Station, Puducherry – Pending Trial.

3. Cr.No. 119/2012 under sections 147, 148, 452, 342, 307, 326, 324 IPC &

27 of Arms Act r/w 149 IPC of Lawspet Police Station, Puducherry –

Acquitted.

4. Cr.No. 247/2012, under sections 147, 448, 294(b), 323, 307 IPC r/w 149

IPC of Kottakuppam Police Station, Tamil Nadu – Pending Trial.

5. Cr.No. 381/2012 under sections 147, 148, 394 (b), 323, 324, 307 IPC r/w

149 IPC of Auroville Police Station, Tamil Nadu – Pending Trial.

6. Cr.No. 434/2014 under sections 147, 148,307, 302 IPC r/w 149 IPC &

212 (i) Explosive Substances Act of Semanar Koil Police Station, Tamil

Nadu – Acquitted.

7. Cr.No. 36/2019 Arms Act of Orleanpet Police Station, Puducherry –

Pending Trial.

8. Cr. No. 81/2019 under sections 27 of Arms Act 1957 & 34 B IX of PP

Act of Lawspet Police Station, Puducherry – Pending Trial.

9. Cr.No. 108/2019, under sections 20(b)(ii)(A) r/w 8 (c) of NDPS Act 1985

of Lawspet Police Station, Puducherry – Under Investigation.

10. Cr.No. 424/2019, under sections 294(b), 323 IPC of Kottakuppam Police

Station, Tamil Nadu—Convicted.

11. Cr. No. 112/2020 under sections 294(b), 323, 324, 506(ii) IPC r/w 34 IPC of

Lawspet Police Station, Puducherry – Under Investigation.

12. Cr. No. 490/2020 under sections 341, 302 r/w 34 IPC @ 148, 341, 302

r/w 149 IPC, of Lawspet Police Station, Puducherry – Pending Trial.

4. It is also stated in the IR that the Station House Officer has received

reliable information that the Counter Petitioner is hatching plans to indulge in

unlawful activities in the Lawspet area and extort money by threatening. It is further

stated that he is young and very active notorious rowdy element and therefore,

his criminal activities cannot be prevented by invoking the mere security

proceedings under the Cr.P.C.

706

LA GAZETTE DE L’ETAT

[ PART-I

706

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, 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 15-03-2021 to appear for the hearing on 17-03-2021 at

4.00 pm. 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. S. Santhi. The Service was held

sufficient for the Counter Petitioner.

7. On 17-03-2021, the Petitioner represented by Thiru Veerabathrasamy,

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 Vicky @ Vigneshwaran, 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 12 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 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 Vicky @ Vigneshwaran, s/o. Sellaveeran, a resident of No. 21,

Veterinary Hospital 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 17th day of March, 2021, pronounced in

the open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

PART-I ]

LA GAZETTE DE L’ETAT

707

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 78/2021, I.R.No. 06/2021 under section 144 of Cr.P.C.

ORDER

(UNDER SECTION 144 OF Cr. P.C.)

State Represented by Station House Officer,

Lawspet Police Station,

Puducherry.

. . Petitioner

Thiru Pandiyarajan@ Pandian (31),

S/o. Munusamy,

No. 313, Janani Blossom Apartment,

M-Cross, Krishna Nagar,

Lawspet,

Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by Station House Officer,

represented by Thiru Veerabathrasamy, Sub-Inspector, Lawspet Police Station,

Puducherry, praying to pass orders under section 144 of Cr.P.C., against

Thiru Pandiyarajan @ Pandian 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 Pandiyarajan @ Pandian son of Munusamy, a

resident of No. 313, Janani Blossom Apartment, M-Cross, Krishna Nagar, 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. 06/2021 under section 144 of Cr.P.C., dated 29-01-2021. Therein, it has been

stated that the Counter Petitioner has formed a gang of rowdies and bent upon

indulging in crime such as murder, hurt, extortion, explosive cases, Arms Act,

robbery, dacoity, 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.

1. Cr.No. 01/2010 under section 27 of Arms Act, 1959, dated 05-03-10 of

D’Nagar Police Station, Puducherry – Pending Trial.

2. Cr.No. 149/2010 under sections 150 IPC and 27 of Arms Act, 1959,

dated 08-08-2010 of Lawspet Police Station, Puducherry – Pending

Trial.

708

LA GAZETTE DE L’ETAT

[ PART-I

708

3. Cr.No. 8/2011 under sections 150, 399, 402 r/w 149 IPC and 27 (i) of

Arms Act, dated 12-01-2011 of Lawspet Police Station, Puducherry –

Pending Trial.

4. Cr.No. 88/2019 under sections 120(b), 148, 341, 324, 307, 302, 109 IPC,

r/w 149 IPC and 3 of Explosive Substance Act, 1908 , dated 10-11-2019,

Muthialpet Police Station, Puducherry – Under Investigation.

4. It is also stated in the IR that the Station House Officer has received

reliable information that the Counter Petitioner is hatching plans to indulge in

unlawful activities in the Lawspet area and extort money by threatening. It is further

stated that he is young and 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 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 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 15-03-2021 to appear for the hearing on 17-03-2021 at

4.00 p.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-in-law, Thiru Alagiri and brother-in-

law, Thiru. Abiraj. The service was held sufficient for the Counter Petitioner.

7. On 17-03-2021, the Petitioner represented by Thiru Veerabathrasamy,

Sub-Inspector, Lawspet Police Station, Puducherry, present. The Counter

Petitioner has failed to appear before the Court on hearing date. The learned

Counsel, Thiru T. Narendrakumar, was present and represented on behalf of the

Counter Petitioner.

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 Pandiyarajan @ Pandian, 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. 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.

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

PART-I ]

LA GAZETTE DE L’ETAT

709

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 the powers conferred under the

section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the

Counter Petitioner Thiru Pandiyarajan @ Pandian, s/o. Munusamy, a resident of

No. 313, Janani Blossom Apartment, M-Cross, Krishna Nagar, 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 17th 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. 80/2021 of I.R. No. 09/2021 under section 144 of Cr.P.C.

ORDER

(UNDER SECTION 144 OF Cr. P.C.)

State Represented by the Station House Officer,

Lawspet Police Station,

Puducherry.

. .

Petitioner

Thiru Manikandan @ Mandai Manikandan (27),

S/o. Selvarasu,

Gandhi Street,

Shanthi Nagar, Lawspet,

Puducherry.

. .

Counter Petitioner

This petition along with case sheet is filed by Station House Officer,

represented by Thiru Veerabathrasamy, Sub-Inspector, Lawspet Police Station,

Puducherry, praying to pass orders under section 144 of Cr.P.C., against

Thiru Manikandan @ Mandai Manikandan 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 Manikandan @ Mandai Manikandan son of Selvarasu,

a resident of Gandhi Street, Shanthi Nagar, Lawspet, Puducherry.

710

LA GAZETTE DE L’ETAT

[ PART-I

710

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. 09/2021, 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

upon indulging in crime such as attempt to murder, hurt, extortion, explosive

cases, 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.

1. Cr.No. 81/2010 under sections 323, 294, 447, 506 (ii) r/w 34 IPC of

Lawspet Police Station, Puducherry – Pending Trial.

2. Cr.No. 125/2010 under sections 448, 427, 387, 506 (ii) IPC, r/w 34 IPCof

Lawspet Police Station, Puducherry – Pending Trial.

3. Cr.No. 133/2010 under sections 341, 324, 387, r/w 34 IPC, of Lawspet

Police Station, Puducherry – Pending Trial.

4. Cr.No. 207/2010 under sections 341, 294, 324, 323, 506 (ii) r/w 34 IPC

of Lawspet Police Station, Puducherry – Pending Trial.

5. Cr.No. 2/2011 under sections 294, 324, 506 (ii) r/w 34 IPC of Lawspet

Police Station, Puducherry – Pending Trial.

6. Cr.No. 34/2012 under sections 147, 148, 341, 427, 307, 109 IPC

r/w 149 IPC of Lawspet Police Station, Puducherry – Pending Trial.

7. Cr.No. 80/18 under sections 427, 384, 506(II) IPC r/w 34 IPC of Lawspet

Police Station, Puducherry – Pending Trial.

8. Cr.No. 252/2018 under sections 147, 148, 294(b), 341, 307 r/w 149 IPC

of D’Nagar Police Station, Puducherry – Pending Trial.

9. Cr. No. 50/2019 under section 120-B r/w 302, 144 IPC, r/w 149 IPC and

27(i) of Arms Act & 3 of Explosive Substances Act of Bahour Police

Station, Puducherry – Pending Trial.

4. It is also stated in the IR that the Station House Officer has received

reliable information that the Counter Petitioner is hatching plans to indulge in

unlawful activities in the Lawspet area and extort money by threatening. It is

further stated that he is young and 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 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 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 do prevent danger to the

human life and properties and disturbance to the public tranquility and order;

PART-I ]

LA GAZETTE DE L’ETAT

711

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 15-03-2021 to appear for the hearing on 17-03-2021

at 4.00 p.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 17-03-2021, the Petitioner represented by Thiru Veerabathrasamy,

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 Manikandan @ Mandai Manikandan, 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 9 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. 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;

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. Manikandan @ Mandai Manikandan, s/o. Selvarasu, resident of

a Gandhi Street, Shanthi Nagar, 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 17th day of March, 2021, pronounced in the

open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

712

LA GAZETTE DE L’ETAT

[ PART-I

712

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 81/2021 of I.R. No. 10/2021 under section 144 of Cr.P.C.

ORDER

(UNDER SECTION 144 OF Cr. P.C.)

State Represented by the Station House Officer,

Lawspet Police Station,

Puducherry.

. .

Petitioner

Thiru Sandilyan (29),

S/o. Chandrasekar,

No. 17, Tamiloli Street,

Major Saravanan Nagar,

Karuvadikuppam,

Lawspet,

Puducherry.

. .

Counter Petitioner

This petition along with case sheet is filed by Station House Officer,

represented by Thiru Veerabathrasamy, Sub-Inspector, Lawspet Police Station,

Puducherry, praying to pass orders under section 144 of Cr.P.C., against

Thiru Sandilyan 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 Sandilyan s/o. Chandrasekar, a resident of No. 17,

Tamiloli Street, Major Saravanan Nagar, 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. 10/2021 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 upon

indulging in crime such as 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.

1. Cr.No. 53/2015 under sections 148, 449, 302 IPC r/w 149 IPC @ 147,

148, 449, 302, 120(B) IPC r/w 149 IPC, dated 24-04-2015 of Lawspet

Police Station, Puducherry – Pending Trial.

2. Cr.No. 436/2018 under sections 341, 302 IPC r/w 109 IPC, dated

30-07-2018 of Auroville Police Station, Tamil Nadu – Pending Trial.

4. It is also stated in the IR that the Station House Officer has received

reliable information that the Counter Petitioner is hatching plans to indulge in

unlawful activities in the Lawspet area and extort money by threatening. It is

PART-I ]

LA GAZETTE DE L’ETAT

713

further stated that he is young and 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 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 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 15-03-2021 to appear for the hearing on

17-03-2021 at 4.00 p.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 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 17-03-2021, the Petitioner represented by Thiru Veerabathrasamy,

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 Sandilyan 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 various Police Stations.