IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 198/2021, I.R.No. 35/2021 under section 144 of Cr.P.C/1232
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Mettupalayam Police Station,
Puducherry.
. . Petitioner
Vs
Bala @ Balachandar (28),
S/o. Balaraman,
No. 35, Mariamman Koil Street,
Kalmedupet,
Puducherry.
. . Counter Petitioner
[1583]
Registered with the Registrar
of Newspapers for India under
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The Gazette of Puducherry
PART - I
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Registered No. PY/44/2021-23
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No.
128
Poudouchéry
Mercredi
30
Juin
2021 (9 Asadha 1943)
No.
Puducherry
Wednesday
30th
June
2021
1584
LA GAZETTE DE L’ETAT
[ PART-I
1584
This petition along with case sheet is filed by the Station House Officer,
Mettupalayam Police Station, Puducherry praying to pass orders under section
144 of Cr.P.C against Thiru Bala @ Balachandar 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 Bala @ Balachandar (28), son of Balaraman,
a resident of No. 35, Mariamman Koil Street, Kalmedupet, 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 with the
recommendation of the Superintendent of Police (North), Puducherry vide
I.R. No. 35/2021, under section 144 of Cr.P.C, dated 10-06-2021. Therein, it has
been stated that the Counter Petitioner has indulging in crime such as murder,
extortion, theft, 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.
1. Cr. No. 158/2020 under sections 147, 148, 302 IPC @ 109, 120(B),
147, 148, 302, 449 IPC, dated 28-08-2020 of Vanur Police Station,
Tamil Nadu—Pending Trial.
2. Cr. No. 88/2020 under sections 457, 380 IPC @ 457, 380 IPC r/w 34 IPC,
dated 05-06-2020 of Mettupalayam Police Station, Puducherry—
Pending Trial.
3. Cr. No. 26/2020 under sections 294(b), 324, 506(II) IPC r/w 34 IPC
@ 294 (b), 326, 506(II) IPC r/w 34 IPC, dated 03-01-2019 of
Mettupalayam Police Station, Puducherry.
4. The Petitioner further submitted that the Counter Petitioner is young
and energetic notorious rowdy element and become a source of terror among the
public and he has involved in various offences by using aruval, knife to attack the
victims. It is also stated that the Counter Petitioner 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, the Counter Petitioner is
allowed to reside in the Subdivisional Magistrate, (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.
PART-I ]
LA GAZETTE DE L’ETAT
1585
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 24-06-2021
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 Balaraman.
The service was held sufficient for the Counter Petitioner.
7. On 24-06-2021, the Petitioner represented by Thiru N. Bakthavachalam,
Assistant Sub-Inspector of Police, Mettupalayam Police Station and the Counter
Petitioner were present.
8. I have heard the Petitioner 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 Bala @ Balachandar is in such a manner that he 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. 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, the 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 Bala @ Balachandar (28), son of Balaraman, a resident
of No. 35, Mariamman Koil Street, Kalmedupet, 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 24th day of June, 2021 pronounced in the
open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
1586
LA GAZETTE DE L’ETAT
[ PART-I
1586
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 199/2021, I.R.No. 38/2021 under section 144 of Cr.P.C/1234.
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Mettupalayam Police Station,
Puducherry.
. . Petitioner
Vs
Jeeva (20),
S/o. Ezhumalai,
No. 134, Odai Street,
Gandhi Thirunallur,
Muthirayarpalayam,
Puducherry.
. . Counter Petitioner
This petition along with case sheet is filed by the 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.
2. The Counter Petitioner is Jeeva (20) son of Ezhumalai, a resident of
No. 134, Odai Street, Gandhi Thirunallur, Muthirayarpalayam, 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 with the
recommendation of the Superintendent of Police (North), Puducherry vide
I.R. No. 38/2021, under section 144 of Cr.P.C, dated 11-06-2021. Therein, it has
been stated that the Counter Petitioner has indulging in crime 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—
Pending Trial.
PART-I ]
LA GAZETTE DE L’ETAT
1587
4. The Petitioner further submitted that the Counter Petitioner is young
and energetic notorious rowdy element and become a source of terror among the
public The Counter Petitioner collects mamool through his associates from the
business people at Mettupalayam and its surrounding areas. It is also stated that
he is not a law abiding citizen and he has involved in various offences by using
aruval, knif, 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, the Counter Petitioner is
allowed to reside in 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 18-06-2021 to appear for the hearing on 24-06-2021
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 sister, Tmt. K. Revathi. The
service was held sufficient for the Counter Petitioner.
7. On 24-06-2021, the Petitioner represented by Thiru N. Bakthavachalam,
Assistant Sub Inspector of Police, 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 Jeeva is in such a manner that he 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.
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.
1588
LA GAZETTE DE L’ETAT
[ PART-I
1588
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 (20), S/o. Ezhumalai, No. 134, Odai Street, Gandhi
Thirunallur, Muthirayarpalayam, 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 24th day of June, 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. 200/2021, I.R.No. 39/2021 under section 144 of Cr.P.C/1233.
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Mettupalayam Police Station,
Puducherry.
. . Petitioner
Vs
Sasikumar @Sasi (21),
S/o. Murugaperumal,
No. 50, Ilangoadigal Street,
Muthirayarpalayam,
Puducherry.
. . Counter Petitioner
This petition along with case sheet is filed by Station House Officer,
represented by B.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 (21), son of
Murugaperumal, a resident of No. No. 50, Ilangoadigal Street, Muthirayarpalayam,
Puducherry.
PART-I ]
LA GAZETTE DE L’ETAT
1589
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, with the
recommendation of the Superintendent of Police (North), Puducherry vide
I.R. No. 39/2021, under section 144 of Cr.P.C, dated 11-06-2021. Therein it has
been stated that the Counter Petitioner has 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. 69/2019 under sections 148, 307 IPC, r/w 149 IPC, r/w 34 IPC,
dated 24-08-2019 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 is young
and energetic notorious rowdy element and become a source of terror among the
public. The Counter Petitioner collects mamool through his associates from the
business people at Mettupalayam and its surrounding areas. 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, the Counter Petitioner is
allowed to reside in 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 18-06-2021 to appear for the hearing on 24-06-2021
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 his mother, Tmt. M. Nagavalli.
The service was held sufficient for the Counter Petitioner.
1590
LA GAZETTE DE L’ETAT
[ PART-I
1590
7. On 24-06-2021, the Petitioner represented by Thiru N. Bakthavachalam,
Assistant Sub-Inspector of Police, Mettupalayam Police Station and the Counter
Petitioner were present.
8. I have heard both 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 he 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. 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, the 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 Sasikumar @ Sasi (21) son of Murugaperumal, a resident
of No. 50, Ilangoadigal Street, Muthirayarpalayam, 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 24th 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.