GOVERNMENT OF PUDUCHERRY
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE, KARAIKAL
M.C. No. 229/2021
I.R. No. 32/2021 of the Neravy Police Station, dated 09-03-2021.
Endt: 2488/DCK/A3/2021 of
the Collector-cum-District Magistrate, dated 10-03-2021.
PROHIBITORY ORDER
(Under Section 144 of Cr.PC.)
Whereas, it has been submitted by the Station House Officer, Neravy Police
Station, Karaikal that the Counter Petitioner namely Tmt. Ezhilarasi @ Meera (39),
daughter of Dharmalingam, residing at Plot. Nos. 54 and 55, 5th Cross Extension,
Nethaji Nagar, Karaikal, is a notorious rowdy element who is a perennial source of
threat to the community and the Station House Officer has therefore, laid
information under section 144 of Cr.P.C. She has been reportedly indulging in serious
offences like organised murders, extortion, hurt, criminal intimidation and thereby
is a source of perennial disturbance to public tranquility. A separate history sheet
had been opened against her in T.R. Pattinam Police Station, Karaikal and presently
is being maintained in Neravy Police Station, Karaikal, for close surveillance of her
activity.
[767]
Registered with the Registrar
of Newspapers for India
under No. 10410
Registered No. PY/44/2021-23
Amflºƒˆ \VWÈ ∂´E>µ
La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - I
E≈©A ÿkπX|
EXTRAORDINAIRE
EXTRAORDINARY
∂]ÔV´D ÿ√u≈
Publiée par
Published by
ÿkπX|
Autorité
Authority
®ı
Amflºƒˆ
ÿƒÀkVF¬˛wÁ\
2021 }
∞©´_ |
20 {
No.
83
Poudouchéry
Mardi
20
Avril
2021 (30 Chaitra 1943)
No.
Puducherry
Tuesday
20th
April
2021
768
LA GAZETTE DE L’ETAT
[ PART-I
768
2. Whereas, I am convinced of the Counter Petitioner’s involvement in
various criminal cases as detailed below:-
(i) Cr.No. 53/2013 under sections 120 (b), 143, 148, 341, 302, 102, 182 (A),
419 IPC r/w 149 IPC of Neravy Police Station, Karaikal, dated
08-07-2013.
(ii) Cr.No. 322/2015 under sections 120(B), 147, 148, 342, 506(ii), 302 IPC
r/w 109 IPC r/w 149 IPC and 3(1) of TNPPDL Act of Sirkazhi Police
Station, Tamil Nadu, dated 26-04-2015.
(iii) Cr.No. 01/2017 under sections 147, 148, 332, 395, 307, 449, 302,120(b),
427,109, 182(a), 419 IPC r/w 149 IPC and 3 and 4 of Explosive
Substances Act, 1908, dated 03-01-2017 of Neravy Police Station,
Karaikal.
(iv) Cr.No. 77/2016 under section 384 IPC, dated 18-09-2016 of T.R. Pattinam
Police Station, Karaikal.
(v) Cr.No. 244/2020 under section 387 IPC, r/w 34 IPC, dated 08-07-2020 of
Town Police Station, Karaikal.
(vi) Cr.No. 138/2020 under sections 386, 506(ii) IPC r/w 34 IPC, dated
31-12-2020 of T.R. Pattinam Police Station, Karaikal.
(vii) Cr.No. 02/2017 under sections 336, 427, 120(B) IPC r/w 34 IPC and 3 and
4 of Explosive Substances Act, 1908, dated 03-01-2017 of T.R. Pattinam
Police Station, Karaikal.
(viii) Cr.No. 104/2011 under sections 147, 448, 323, 506 IPC r/w 149 IPC, dated
07-07-2011 of T.R. Pattinam Police Station, Karaikal.
(ix) Cr.No. 17/2012 under sections 465, 420, 167 IPC r/w 34 IPC and 511 IPC,
dated 17-02-2012 of Neravy Police Station, Karaikal.
(x) Cr.No. 20/2012 under sections 409, 420, 167 IPC r/w 120(B) IPC, dated
03-03-2012 of Neravy Police Station, Karaikal.
(xi) Cr.No. 30/2012 under sections 409, 420, 167 IPC r/w 120(B) IPC, dated
11-04-2012 of Neravy Police Station, Karaikal.
(xii) Cr.No. 71/2012 under sections 465, 420,167 IPC r/w 34 IPC, dated
14-06-2012 of Neravy Police Station, Karaikal.
(xiii) Cr.No. 91/2019 under sections 143, 294 (b), 427, 109, 506 (i) IPC r/w 149
IPC, dated 07-09-2019 of T.R. Pattinam Police Station, Karaikal.
(xiv) Cr.No. 21/2018 under section 120 (B) r/w 34 IPC and 27(1) of Arms Act,
1959 @ 120(B), 150, 212 r/w 34 IPC and 27(1) of Arms Act, 1959 @ 212,
115, 150, 120, 120(B), 148 r/w 149 (302) IPC - 2 counts and 27(1) of Arms
Act, 1959 of D’Nagar Police Station, Puducherry.
(xv) Cr.No. 82/2020 under sections 188, 269, 270 IPC r/w 3 of Epidemic
Disease Act, 1897 and 51(b) of Disaster Management Act, 2005, dated
18-08-2020 of Neravy Police Station, Karaikal.
(xvi) Cr.No. 83/2020 under sections 188, 269, 270 IPC r/w 3 of Epidemic
Disease Act, 1897 and 51(b) of Disaster Management Act, 2005, dated
18-08-2020 of Neravy Police Station, Karaikal.
PART-I ]
LA GAZETTE DE L’ETAT
769
3. The Station House Officer further submitted that the Counter Petitioner
being a notorious criminal does not respect the Rule of Law, but, rather actively
breaks the law. The Station House Officer has also reported that witnesses of her
crimes are refusing to volunteer information against her due to fear of retaliation and
revenge. The Station House Officer has also reported that the Counter Petitioner
has started an organisation named as “SRR Arakkattalai” (®¸.gÏ.gÏ. ∂≈¬Ô‚¶Á·)
and the same is functioning with her hooligans and criminal associates at her house.
She has been involved in many illegal activities with the money and muscle power
(hooligans and criminal associates) within the banner of her above organization.
Further, the Station House Officer reported that the Counter Petitioner had been
absconding arrest in a case in Cr.No. 138/2020 under section 386, 506(ii) IPC r/w
34 IPC, dated 31-12-2020 of T.R. Pattinam Police Station, Karaikal and that if, she is
permitted to enter into Karaikal region, she would likely disturb the smooth conduct
of the then ensuing General Elections-2021 to the Puducherry Legislative Assembly
with the support of her money power, hooligans and criminal associates in the
Neravy – T.R. Pattinam Assembly Constituency and also in Karaikal region. This
was also established through the special report of SGASI of Police A.C. Raghu of
Neravy Police Station, Karaikal, which had been entered on 01-03-2021 in G.D Vol.
No. 10, Page No. 09 and Serial No. 40 of Neravy Police Station, Karaikal.
4. The Station House Officer further submitted that since the activities of
the Counter Petitioner was detrimental to the public order, it was found to be
essential that the Counter Petitioner be restrained from entering into Karaikal
District immediately under the provisions of 144 of Cr.P.C., or else there was every
likelihood that the Counter Petitioner would indulge in wrongful activities disturbing
the public order.
5. The Petitioner has submitted that on 09-03-2021 while himself
Thiru J. Jerome Jesmond, Sub-Inspector of Police, being the Station House Officer,
Neravy Police Station, Karaikal, was performing rounds in his Police Station Limits,
he received reliable information that the Counter Petitioner namely, Tmt. Ezhilarasi
@ Meera was likely to create problem in Neravy Police Station limits in the Kariakal
region. Hence, by registering one IR. No. 32/2021 under section 144 of Cr.P.C.,
on 09-03-2021 at 14.55 hrs., the Station House Officer prayed before this Court, that
the Counter Petitioner may be ordered not to enter in Karaikal region for a period
of six months so as to prevent danger to human life and properties, and disturbance
to the public tranquility and order in the Karaikal District by invoking the
provisions under sections 144 (i), (ii) and (iii) of Cr.P.C.
6. Whereas, on 13-04-2021, the Station House Officer, Neravy Police
Station, Karaikal, has reported that the Counter Petitioner namely, Tmt. Ezhilarasi @
Meera was arrested on 16-03-2021 in connection with a case in Cr.No. 138/2020 under
section 386, 506(ii) IPC r/w 34 IPC, dated 31-12-2020 of T.R. Pattinam Police Station,
Karaikal and was remanded into Judicial custody at Central Prison, Kalapet,
Puducherry, following which the Counter Petitioner has been released on bail from
Judicial custody on 10-04-2021. Now, the Station House Officer, Neravy Police
Station, Karaikal, has reported and prayed for the immediate need to restrain her from
entering into the entire region of Karaikal District under the jurisdiction of this
Court, in the interest of preventing her from causing danger to human life and
properties and also disturbance to public tranquility and order in the Karaikal region
by invoking the provisions under sections 144 (i), (ii) and (iii) of Cr.PC.
770
LA GAZETTE DE L’ETAT
[ PART-I
770
7. Whereas, I am satisfied that based on the information placed before me
and other facts which are brought out through the enquiry report placed by the
Station House Officer, Neravy Police Station, Karaikal that if, the Counter Petitioner
is allowed to move freely within the jurisdiction of Karaikal District, then her free
movement would cause fear and apprehension in the minds of general public which
would also severely affect the smooth conduct of counting process and declaration
of Results (scheduled on 02-05-2021) of the recently concluded General Elections
to the Puducherry Legislative Assembly--2021. It is also clear that the Counter
Petitioner has scant regard for the criminal justice system and the Rule of Law and
refuses to co-operate with the Police in their Investigations. Therefore, based on
the report laid before me, I am of the opinion that if, the Counter Petitioner is
allowed to reside within the limits of my jurisdiction, the Counter Petitioner will
continue to indulge in and also motivate serious offences like murder, assault,
damages to private properties, obstructions, annoyance, extortion and thereby
become a perennial source of threat to the community and disturb public peace and
order.
8. Hence, I am satisfied that this situation cannot be handled effectively
by taking recourse to usual procedures contemplated by law and hence, it is
necessary that special provision under section 144 of Cr.P.C., needs to be invoked
to take action against the Counter Petitioner to prevent harm to life and properties
of citizens and to uphold public peace and order.
9. Whereas, I am satisfied that the Counter Petitioner is an habitual
offender, wherein, it necessitates to maintain law and order, and given the time
constraint, serving of notice to her as provided under the Code could not be
followed and that her activities will endanger human life and properties, and the
presence of the Counter Petitioner is a threat to public tranquility in my
Subdivision. Further, the Station House Officer has also reported that the Counter
Petitioner is in urgent need of money and will likely resort to extortion to gather
money. Therefore, immediate action is required for curtailing the illegal activities of
the Counter Petitioner in the locality and whereas, in view of urgency of the matter,
this is ex parte.
10. Hence, I, M. Adharsh, Subdivisional Magistrate, Karaikal, after going
through the information laid before me and also after satisfying myself of the need
for prohibition of certain activities of the Counter Petitioner, doth hereby pass
prohibitory orders to the Counter Petitioner Tmt. Ezhilarasi @ Meera (39), daughter of
Dharmalingam under section 144 (2) Cr.P.C., to restrain her not to enter into the
entire region of Karaikal District which is under the jurisdiction of this Court, 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 she is required to obey the directions of any of the Courts.
Given under my hand and seal on the 15th day of April, 2021 at Karaikal.
M. ADHARSH,
Subdivisional Magistrate.
————
online publication at “https://styandptg.py.gov.in”
Published by the Director, Government Press, Puducherry.