[ 1539 ]

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 182/2021, I.R.No. 65/2021 under section 144 of Cr.P.C./1090

ORDER

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

State Represented by the Station House Officer,

Lawspet Police Station,

Puducherry.

. . Petitioner

Thiru Sundar @ Sakthivel

@ Maduvupet Sundar (34),

S/o. Muthukrishnan,

No. 19, 1st Cross, Sethilal Nagar,

Maduvupet, Lawspet,

Puducherry.

. . Counter Petitioner

Registered with the Registrar

of Newspapers for India

under No. 10410

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

Registered No. PY/44/2021-23

®ı

Amﬂºƒˆ

sBVw¬˛wÁ\

2021 }

Û[ |

17 {

No.

118

Poudouchéry

Jeudi

Juin

2021 (27 Jyaistha 1943)

No.

Puducherry

Thursday

17th

June

2021

1540

LA GAZETTE DE L’ETAT

[ PART-I

1540

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

represented by Thiru G. Thirumurugan, Sub-Inspector, Lawspet Police Station,

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

Thiru Sundar @ Sakthivel @ Maduvupet 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. Counter Petitioner is Sundar @ Sakthivel @ Maduvupet Sundar son of

Muthukrishnan, a resident of No. 19, 1st Cross, Sethilal Nagar, 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. 65/2021 under section 144 of Cr.P.C., dated 01-04-2021. Therein, it has been

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

indulging in crime such as murder, riot, 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 community in the Lawspet Police

Station limits, Puducherry. 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. 91/2012 under sections 147, 148, 341, 332, 333, 302, 307, 109 IPC

and Section 3 of Explosive Substances Act, 1908 r/w 149 IPC and

Section 3 of Prevention of Damage to Public Properties Act, 1984,

dated 10-08-2012 of Thavalakuppam Police Station, Puducherry –

Acquitted.

2. Cr.No. 172/2010 under sections 147, 148, 307 IPC @ 147, 148, 302 IPC

r/w 149 IPC @ 174, 148, 302, 303 IPC, Section 29 of Arms Act, 1959

r/w 149 and 109 IPC, dated 22-04-2010 of Odiansalai Police Station,

Puducherry – Acquitted.

3. Cr.No. 265/2010 under sections 147, 148, 452, 302 IPC r/w 3(a) of

Explosive Substances, Act, 1908, dated 31-12-2010 of Kottakuppam

Police Station, Tamil Nadu – Pending Trial.

4. Cr.No. 259/2008 under sections 147, 148, 302, 307, 120(B) IPC r/w 149

IPC of Odiansalai Police Station, Puducherry, dated 11-11-2008 –

Acquitted.

5. Cr.No. 180/2008 under sections 302 IPC @ 302 IPC, 120(B) IPC r/w 34

IPC of D’Nagar Police Station, Puducherry, dated 12-05-2008 –

Acquitted.

6. Cr.No. 5/2012 under sections 452, 394 IPC r/w 34 IPC of D’Nagar Police

Station, Puducherry, dated 08-01-2012 – Acquitted.

7. Cr.No. 33/2017 under sections 147, 148, 302, 201 IPC r/w 149 IPC @

147, 148, 342, 302, 201 IPC r/w 149 IPC, dated 15-02-2017 of D’Nagar

Police Station, Puducherry – Acquitted.

8. Cr.No. 141/2017 under sections 120(B) and 27 (1-A) of Arms Act, 1959

@ 332, 120(b) IPC and 27(1) of Arms Act, 1989 r/w 149 IPC, dated

25-10-2017 of Lawspet Police Station, Puducherry – Acquitted.

PART-I ]

LA GAZETTE DE L’ETAT

1541

9. Cr.No. 70/2017 under section 25 (1-A) of Arms Act, 1959 r/w 34 IPC @

120(b) IPC and 25 (l-A) of Arms Act, 1959 r/w 34 IPC, dated 26-05-2009

of Lawspet Police Station, Puducherry – Pending Trial.

10. Cr.No. 876/2020 under sections 147, 341, 109, 302 IPC and 3 of Explosive

Substances Act, 1908, dated 06-06-2020 of Kottakuppam Police Station,

Tamil Nadu – Under Investigation.

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

reliable information that the Counter Petitioner extort money from the business

people and wealthy persons under fear of death with active assistance of his

associates. It is further stated that the Counter Petitioner has become a threat and

menace to the innocent people. It is also stated that the Counter Petitioner is young,

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 07-06-2021 to appear for the hearing on 08-06-2021

and 10-06-2021. 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 wife, Tmt. Silambarasi. The service

was held sufficient for the Counter Petitioner.

7. On 10-06-2021, the Petitioner represented by Thiru G. Thirumurugan,

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 Sundar @ Sakthivel @ Maduvupet 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 ten 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, 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;

1542

LA GAZETTE DE L’ETAT

[ PART-I

1542

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 Sundar @ Sakthivel @ Maduvupet Sundar, son of

Muthukrishnan, a resident of No. 19, 1st Cross, Sethilal Nagar, Maduvupet,

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,the

Counter Petitioner may represent against this order before the undersigned by post

or by Counsel.

At Puducherry, dated on this 10th day of June, 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.