IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 195/2021, I.R.No. 32/2021 under section 144 of Cr.P.C./1212

ORDER

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

State Represented by the Station House Officer,

Mettupalayam Police Station,

Puducherry.

. . Petitioner

Thiru Rangaraj @ Pullian Kottai (22),

S/o. Ramalingam,

No. 31, East Street,

Sanarapet,

Mettupalayam,

Puducherry.

. . Counter Petitioner

[1575]

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Puducherry

Tuesday

29th

June

2021

1576

LA GAZETTE DE L’ETAT

[ PART-I

1576

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

Thiru V. Sivakumar, Sub-Inspector, Mettupalayam Police Station, Puducherry,

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

Kottai, 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 Thiru Rangaraj @ Pullian Kottai, son of

Ramalingam, a resident of No. 31, East 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. 32/2021 under section 144 of Cr.P.C., dated 07-06-2021. Therein, it has been

stated that the Counter Petitioner has indulging in crime such as dacoity, riot, hurt,

robbery, intimidation 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. 06/2021 under sections 294(b), 385 IPC, dated 24-01-2021 of

Reddiyarpalayam Police Station, Puducherry.

2. Cr.No. 02/2021 under sections 324, 397 IPC, dated 04-01-2021 of

Reddiyarpalayam Police Station, Puducherry.

3. Cr.No. 11/2020 under sections 294(b), 427, 324, 506(ii) r/w 34 IPC, dated

29-01-2020 of D’Nagar Police Station, Puducherry.

4. Cr.No. 46/2019 under sections 302, 109 IPC r/w 34 IPC and 3 of

Explosive Substances Act, 1908 @ 120-B, 302, 109 IPC r/w 34 IPC & 3

of Explosive Substances Act, 1908, dated 23-09-2019 of Kalapet Police

Station, Puducherry.

5. Cr.No. 94/2019 under sections 294(b), 324, 307, 3 of Explosive

Substances Act, 1908 @ 302 IPC, dated 15-04-2019 of Vanur Police

Station, Tamil Nadu.

6. Cr.No. 19/2019 under section 25 (1) (a) of Arms Act, 1959, dated

20-02-2019.

7. Cr.No. 68/2018 under sections 294 (b), 324, 506 (ii) r/w 149 IPC, dated

19-04-2018 of Odiansalai Police Station, Puducherry.

8. Cr.No. 363/2018 under section 399 IPC, dated 19-04-2018 of

Kottakuppam Police Station, Tamil Nadu.

9. Cr.No. 33/2018 under sections 294 (b), 427, 506 (ii) IPC r/w 34 IPC, dated

19-04-2018 of Mettupalayam Police Station, Puducherry.

4. The Petitioner further submitted that the Counter Petitioner is a 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.

PART-I ]

LA GAZETTE DE L’ETAT

1577

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

to reside in Puducherry (North) 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 18-06-2021 to appear for the hearing on 22-06-2021 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. R. Annapoorani. The

service was held sufficient for the Counter Petitioner.

7. On 22-06-2021, 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 Rangaraj @ Pullian Kottai, 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.

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 Rangaraj @ Pullian Kottai (22), son of Ramalingam,

a resident of No. 31, East 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, the Counter Petitioner may represent against

this order before the undersigned by post or by Counsel.

At Puducherry, dated on this 22nd day of June, 2021, pronounced in the

open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

1578

LA GAZETTE DE L’ETAT

[ PART-I

1578

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 196/2021, I.R.No. 33/2021 under section 144 of Cr.P.C./1213

ORDER

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

State Represented by the Station House Officer,

Mettupalayam Police Station,

Puducherry.

. . Petitioner

Thiru Suriya @ Sankar Ganesh (21),

S/o. Ravi,

No. 04, New 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 Suriya @ Sankar Ganesh 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 Suriya @ Sankar Ganesh (21), son of Ravi,

a resident of No. 04, New 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. 33/2021 under section 144 of Cr.P.C., dated 07-06-2021. Therein, it has been

stated that the Counter Petitioner has indulging in crime such as murder, dacoity,

hurt, riot, intimidation 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.

l. Cr.No. 167/2020 under sections 302 IPC r/w 34 IPC, dated 15-11-2020

of Mettupalayam Police Station, Puducherry.

2. Cr.No.21/2019 under sections 399,402 IPC, dated 05-03-2019 of

Mettupalayam Police Station, Puducherry.

3. Cr.No. 111/2018 under sections 399, 402, IPC & 25 (1)(a) of Arms Act,

1959, dated 05-12-2018 of Mettupalayam Police Station, Puducherry.

PART-I ]

LA GAZETTE DE L’ETAT

1579

4. Cr.No. 84/2017 under sections 147, 148, 342, 302, 307 IPC r/w 149 IPC

and 3 and 4 of Explosive Substances Act, 1908 @ 148, 109, 120-B, 144,

114, 342, 302, 307, 326, 324 IPC r/w 149 IPC and 3 and 4 of Explosive

Substances Act, 1908, dated 19-10-2017 of Mettupalayam Police

Station, Puducherry.

5. Cr.No. 77/2017 under sections 294(b), 324, 427, 506(ii) r/w 34 IPC @

147, 148, 448, 294 (b), 324, 427, 506(ii) r/w 149 IPC, dated 29-03-2017 of

D’Nagar Police Station, Puducherry.

4. The Petitioner further submitted that the Counter Petitioner is a

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 Puducherry (North) 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 18-06-2021 to appear for the hearing on 22-06-2021 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 Ravi. The service was

held sufficient for the Counter Petitioner.

7. On 22.06.2021, 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 Suriya @ Sankar Ganesh, 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 five criminal cases were