IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 203/2021, I.R.No. 42/2021 under section 144 of Cr.P.C./1622

ORDER

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

State Represented by the Station House Officer,

Mettupalayam Police Station,

Puducherry.

. . Petitioner

Thiru Rajesh @ Panneer Selvam (34),

S/o. Ezhumalai,

No. 395, LIG Housing Board,

Kurumbapet,

Puducherry.

. . Counter Petitioner

[ 1593 ]

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No.

130

Poudouchéry

Mercredi

Juillet

2021 (16 Asadha 1943)

No.

Puducherry

Wednesday

7th

July

2021

1594

LA GAZETTE DE L’ETAT

[ PART-I

1594

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

represented by Thiru B.R. Kumar, Sub-Inspector, Mettupalayam Police Station,

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

@ Panneer Selvam 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 Rajesh @ Panneer Selvam (34), son of

Ezhumalai, a resident of No. 395, LIG Housing Board, Kurumbapet, 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. 42/2021 under section 144 of Cr.P.C., dated 13-06-2021. Therein, it has been

stated that the Counter Petitioner has indulging in crimes such as robbery, dacoity,

riot, hurt, burglaries 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. 46/2003 under sections 324, 323 IPC, dated 25-05-2003 of

Mettupalayam Police Station, Puducherry.

2. Cr.No. 128/2006 under section 25 (i) (a) Arms Act 1959, dated 09-06-2006

of Mettupalalyam Police Station, Puducherry.

3. Cr.No. 94/2010 under sections 147, 148, 302, 307 and 326 r/w 149 IPC,

dated 30-05-2010 of Mettupalayam Police Station, Puducherry.

4. Cr.No. 97/2013 under section 188 IPC, dated 15-10-2013 of Mettupalayam

Police Station, Puducherry.

5. Cr.No. 04/2014 under sections 356, 379 IPC r/w 34 IPC, dated 08-01-2014

of Reddiyarpalayam Police Station, Puducherry.

6. Cr.No. 33/2014 under section 188 IPC, dated 09-03-2014 of Mettupalayam

Police Station, Puducherry.

7. Cr.No. 5/2018 under sections 147, 148, 363, 342, 324, 506 (ii) 302 IPC

r/w 149 IPC, dated 09-01-2018 of Town Police Station, Karaikal.

8. Cr.No. 1741/2020 under sections 363 IPC @ 363, 294(b), 324, 307

r/w 34 IPC, dated 06-10-2020 of Vanur Police Station, Tamil Nadu.

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

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 Police Station limits, Puducherry and also planned to attack his

rival parties. 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, the 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, extortion, assault, obstructions,

annoyance, damages to public and private properties, etc., and thereby emerged

PART-I ]

LA GAZETTE DE L’ETAT

1595

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 28-06-2021 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 brother, Thiru E. Surendhar. The

service was held sufficient for the Counter Petitioner.

7. On 28-06-2021, the Petitioner represented by Thiru B.R. Kumar,

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 Rajesh @ Panneer Selvam, 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 8 criminal cases were registered

against him in various 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.

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 Rajesh @ Panneer Selvam (34), son of Ezhumalai, a resident

of No. 395, LIG Housing Board, Kurumbapet, 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 28th day of June, 2021, pronounced in the

open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

1596

LA GAZETTE DE L’ETAT

[ PART-I

1596

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 204/2021, I.R.No. 43/2021 under section 144 of Cr.P.C./1619

ORDER

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

State Represented by the Station House Officer,

Mettupalayam Police Station,

Puducherry.

. . Petitioner

Thiru Ilavarasan (34),

S/o. Vijayarangam,

No. 17, Odai Karai Street,

Kurumampet,

Puducherry.

. . Counter Petitioner

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

represented by Thiru B.R. Kumar, Sub-Inspector, Mettupalayam Police Station,

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

Thiru Ilavarasan 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 Ilavarasan (34), son of Vijayarangam,

a resident of No. 17, Odai Karai Street, Kurumampet, 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. 43/2021 under section 144 of Cr.P.C., dated 13-06-2021. Therein, it has been

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

kidnapping, dacoity, 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. 175/2020 under section 364 IPC r/w 34 IPC, dated 27-11-2020 of

Mettupalayam Police Station, Puducherry – Under Investigation.

2. Cr.No. 39/2017 under sections 147, 148, 341 and 302 r/w 149 IPC, dated

07-05-2017 of Mettupalayam Police Station, Puducherry – Pending Trial.

3. Cr.No. 09/2010 under sections 324, 323, 506 (ii) r/w 34 IPC, dated

15-01-2010 of Mettupalayam Police Station, Puducherry – Acquitted.

4. Cr.No. 94/2010 under sections 147, 148, 307, 326, 302 r/w 149 IPC, dated

30-05-2010 of Mettupalayam Police Station, Puducherry – Pending Trial.

PART-I ]

LA GAZETTE DE L’ETAT

1597

5. Cr.No. 25/2014 under sections 341, 365, 323, 326, 342 and 506(ii) IPC

r/w 34 IPC, dated 03-03-2014 of Mettupalayam Police Station,

Puducherry –Pending Trial.

6. Cr.No. 27/2014 under section 188 IPC, dated 04-03-2014 of Mettupalayam

Police Station, Puducherry – Pending Trial.

7. Cr.No. 64/2014 under section 25 (i-a) of Arms Act, 1959 r/w 34 IPC, dated

04-06-2014 of Mettupalayam Police Station, Puducherry – Pending Trial.

8. Cr.No. 140/2014 under section 399 IPC, dated 28-03-2014 of Tindivanam

Police Station, Tamil Nadu – Pending Trial.

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

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 Kurumampet areas and also planned to attack his rival parties. 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, the Counter Petitioner is allowed

to reside in Mettupalayam Police Station limits, Puducherry, 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, as 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 28-06-2021 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 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 28-06-2021, the Petitioner represented by Thiru B.R. Kumar,

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 Ilavarasan, 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 8 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

1598

LA GAZETTE DE L’ETAT

[ PART-I

1598

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 Ilavarasan (34), son of Vijayarangam, a resident of No. 17, Odai

Karai Street, Kurumampet, 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 28th 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. 206/2021, I.R.No. 45/2021 under section 144 of Cr.P.C./1621

ORDER

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

State Represented by the Station House Officer,

Mettupalayam Police Station,

Puducherry.

. . Petitioner

Thiru Natarajan @ Katterumbu Natarajan (36),

S/o. Palani,

No. 17, Middle 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 Natarajan @ Katterumbu Natarajan 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

1599

2. The Counter Petitioner is Thiru Natarajan @ Katterumbu Natarajan (36),

son of Palani, a resident of No. 17, Middle 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. 45/2021 under section 144 of Cr.P.C., dated 13-06-2021. Therein, it has been

stated that the Counter Petitioner has indulging in crimes such as robbery, dacoity,

rioting, burglaries, 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. 49/1999 under sections 457, 380 r/w 34 IPC, dated 22-06-1999 of

Mettupalayam Police Station, Puducherry – Convicted.

2. Cr.No. 61/2000 under sections 457, 380 r/w 34 IPC, dated 25-08-2000 of

Mettupalayam Police Station, Puducherry – Convicted.

3. Cr.No. 97/2000 under sections 452, 324 r/w 34 IPC, dated 12-12-2000 of

Mettupalayam Police Station, Puducherry – Acquitted.

4. Cr.No. 120/2001 under sections 341, 323, 506 (i) r/w 34 IPC, dated

20-11-2001 of Mettupalayam Police Station, Puducherry – Compounded.

5. Cr.No. 70/2003 under sections 341, 323, 427 IPC r/w 34 IPC, dated

22-08-2003 of Mettupalayam Police Station, Puducherry – Compounded.

6. Cr.No. 359/2003 under sections 326, 427 r/w 34 IPC, dated 26-09-2003

of Villianur Police Station, Puducherry – Pending Trial.

7. Cr.No. 124/2004 under sections 147,148, 448, 324, 506 (ii) IPC r/w 149

IPC, dated 26-08-2004 of Mettupalayam Police Station, Puducherry –

Pending Trial.

8. Cr.No. 436/2005 under sections 392, 397 r/w 20(B) IPC, dated 12-04-2005

of Panruti Police Station, Tamil Nadu – Pending Trial.

9. Cr.No. 21/2007 under section 380 IPC r/w 34 IPC, dated 02-02-2007 of

Mettupalayam Police Station, Puducherry – Pending Trial.

10. Cr. No. 114/2009 under sections 457, 380 IPC, dated 04-07-2009 of

Mettupalayam Police Station, Puducherry – Pending Trial.

11. Cr.No. 05/2010 under sections 294, 427, 323, 506 (ii) r/w 34 IPC, dated

08-01-2010 of Mettupalayam Police Station, Puducherry – Pending Trial.

12. Cr.No. 14/2010 under sections 341, 324, 506 (ii) r/w 34 IPC, dated

24-01-2010 of Mettupalayam Police Station, Puducherry – Pending Trial.

13. Cr.No. 159/2010 under section 27(1-a) of Arms Act, 506 (ii) IPC, dated

17-09-2010 of Mettuplayam Police Station, Puducherry – Pending Trial.

14. Cr.No. 233/2010 under sections 341, 294(B), 394 IPC, dated 22-04-2010

of Tindivanam Police Station, Tamil Nadu – Pending Trial.

1600

LA GAZETTE DE L’ETAT

[ PART-I

1600

15. Cr.No. 21/2012 under section 25(1-a) of Arms Act, dated 13-02-2012 of

Mettupalayam Police Station, Puducherry – Pending Trial.

16. Cr.No. 100/2012 under section 25(1-a) of Arms Act, dated 10-06-2012

of Mettupalayam Police Station, Puducherry – Pending Trial.

17. Cr.No. 10/2014 under sections 457, 380 IPC, dated 15-01-2014 of

Mettupalayam Police Station, Puducherry – Pending Trial.

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

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 areas and also planned to attack his rival parties. 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, 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 28-06-2021 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. Kalyani. The service

was held sufficient for the Counter Petitioner.

7. On 28-06-2021, the Petitioner represented by Thiru B.R. Kumar,

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 Natarajan @ Katterumbu Natarajan, 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 17 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

PART-I ]

LA GAZETTE DE L’ETAT

1601

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 Natarajan @ Katterumbu Natarajan (36), son of Palani, a resident

of No. 17, Middle 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 28th 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. 207/2021, I.R.No. 51/2021 under section 144 of Cr.P.C./1620

ORDER

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

State Represented by the Station House Officer,

Mettupalayam Police Station,

Puducherry.

. . Petitioner

Thiru Dhinesh @ Kokkadi (22),

S/o. Rajendiran,

No. 28, Pump House Street,

Seran Nagar,

Muthirayarpalayam,

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 Dhinesh @ Kokkadi, 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 Dhinesh @ Kokkadi (22), son of Rajendiran,

a resident of No. 28, Pump House Street, Seran Nagar, Muthirayarpalayam,

Puducherry.

1602

LA GAZETTE DE L’ETAT

[ PART-I

1602

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. 51/2021 under section 144 of Cr.P.C., dated 13-06-2021. Therein, it has

been stated that the Counter Petitioner has formed a gang of rowdies and involved

in murder, rioting and indulging in crimes such as by using lethal weapons and

extortion. 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. 77/2017 under sections 147, 148, 294(b), 324, 506(i) r/w 149 IPC,

dated 29-03-2017 of D’Nagar Police Station, Puducherry – Pending

Trial.

2. Cr.No. 94/2019 under sections 147, 148, 294(b), 307, 302, 120(B) IPC

r/w 149 IPC, 73 of Explosive Substances Act of Vanur Police Station,

Tamil Nadu – Pending Trial.

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

15-04-2020 of D’Nagar Police Station, Puducherry – Pending Trial.

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

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 areas and also planned to attack his rival parties. 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 hurt, 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 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 28-06-2021 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 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 28-06-2021, the Petitioner represented by Thiru B.R. Kumar,

Sub-Inspector, Mettupalayam Police Station, Puducherry, was present. The Counter

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

PART-I ]

LA GAZETTE DE L’ETAT

1603

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 Dhinesh @ Kokkadi, 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.