IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 217/2021, I.R.No. 77/2021 under section 144 of Cr.P.C./1697

ORDER

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

State Represented by the Station House Officer,

Lawspet Police Station,

Puducherry.

. . Petitioner

1. Thiru Nivash (25),

S/o. Yuvaraj,

No. 144, Edayanchavady Road,

Karuvadikuppam,

Lawspet,

Puducherry.

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14 {

No.

138

Poudouchéry

Mercredi

Juillet

2021 (23 Asadha 1943)

No.

Puducherry

Wednesday

14th

July

2021

1708

LA GAZETTE DE L’ETAT

[ PART-I

1708

2. Thiru Suriya (26),

S/o. Munusamy,

No. 54, Annie Besant Nagar,

Main Road,

Navarkulam,

Lawspet,

Puducherry.

. . Counter Petitioners

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

represented by Thiru Veerabathrasamy, Sub-Inspector, Lawspet Police Station,

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

Thiru Nivash and Thiru Suriya 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 No. 1 is Thiru Nivash (25), son of Yuvaraj,

a resident of No. 144, Edayanchavady Road, Karuvadikuppam, Lawspet, Puducherry

and the Counter Petitioner No. 2 is Thiru Suriya (26), son of Munusamy, a resident

of No. 54, Annie Besant Nagar, Main Road, Navarkulam, Lawspet, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case

was referred by the Station House Officer, Lawspet Police Station, Puducherry, with

the recommendation of the Superintendent of Police (North), Puducherry vide

I.R.No. 77/2021 under section 144 of Cr.P.C., dated 10-06-2021. Therein, it has been

stated that the Counter Petitioners have formed a gang of rowdies and bent upon

indulging in crimes such as murder, violence, intimidation, assault, disturbance to

the public tranquility and order. The Counter Petitioners have created panic in the

minds of local inhabitants and the business people in the Lawspet Police Station

limits, Puducherry. As a result, the people of Counter Petitioners do not come

forward to lodge any complaint against them. It is also stated that even witnesses

don’t come forward voluntarily to give evidence against them in the cases where

they are the accused.

4. The Petitioner further submitted that the Counter Petitioners Thiru Nivash (25),

and Thiru Suriya (26), had already been involved in the following criminal case in

neighbouring Police Station of Puducherry.

1. Cr.No. 88/2019 under sections 120(b), 148, 341, 324, 307, 302, 109 IPC

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

Police Station, Puducherry – Pending Trial.

5. It is further stated in the I.R that the Counter Petitioners are young and

very active notorious rowdy elements and have become a threat and menace to the

innocent people and therefore, their criminal activities cannot be prevented by

invoking the mere security proceedings under the Cr.P.C.

6. The Petitioner further submitted that if, the Counter Petitioners are

allowed to reside in Puducherry limits, it is apprehended that they 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 Petitioners 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.

PART-I ]

LA GAZETTE DE L’ETAT

1709

7. The proceeding was started by affording an opportunity to the Counter

Petitioners to show cause against the petition filed by the Petitioner. A notice was

served to both the parties on 24-06-2021 to appear for the hearing on 01-07-2021 at

11.00 a.m. It was instructed to serve the notice to the Counter Petitioners through

the Station House Officer, Lawspet Police Station, Puducherry. The notice for the

Counter Petitioner Thiru Nivash, was received by his mother, Tmt. Manju.

The notice for the Counter Petitioner Suriya was received by his father,

Thiru K. Munusamy. The service was held sufficient for the Counter Petitioners.

8. On 01-07-2021, the Petitioner represented by Thiru Veerabathrasamy,

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

Petitioners have failed to appear before the Court on hearing date.

9. 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 Nivash and Thiru Suriya are in such a manner that they may

cause breach of peace and create a problem of law and order and public tranquility.

They had involved in crimes such as murder, assault, unlawful activities and

disturbance to the public peace and order. There is one criminal case registered

against them in Muthialpet Police Station, Puducherry.

10. 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 Petitioners are allowed to reside within the limits of my jurisdiction,

the Counter Petitioners 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 Petitioners 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 No. 1 Thiru Nivash (25), son of Yuvaraj, a resident of No. 144,

Edayanchavady Road, Karuvadikuppam, Lawspet, Puducherry and the Counter

Petitioner No. 2 Thiru Suriya (26), son of Munusamy, a resident of No. 54, Annie

Besant Nagar, Main Road, Navarkulam, 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 Petitioners may represent against this order

before the undersigned by post or by Counsel.

At Puducherry, dated on the 1st day of July, 2021, pronounced in the open

Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

1710

LA GAZETTE DE L’ETAT

[ PART-I

1710

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 218/2021, I.R.No. 82/2021 under section 144 of Cr.P.C./1698

ORDER

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

State Represented by the Station House Officer,

Lawspet Police Station,

Puducherry.

. . Petitioner

1. Thiru Sozhan @ Shozharajan (41),

S/o. Munusamy,

No. 26/59, MNGP Quarters,

Lawspet,

Puducherry.

2. Pandiyarajan @ Pandian (31),

S/o. Munusamy,

No. 313, Janani Blossom Apartment,

“M” Cross, Krishna Nagar,

Lawspet,

Puducherry.

. . Counter Petitioners

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

represented by Thiru Veerabathrasamy, Sub-Inspector, Lawspet Police Station,

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

Thiru Sozhan @ Shozharajan and Thiru Pandiyarajan @ Pandian, 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 No. 1. is Thiru Sozhan @ Shozharajan, son of

Munusamy, a resident of No. 26/59, MNGP Quarters, Lawspet, Puducherry and the

Counter Petitioner No. 2. is Thiru Pandiyarajan @ Pandian, son of Munusamy,

a resident of No. 313, Janani Blossom Apartment, M-Cross, Krishna Nagar,

Lawspet, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case

was referred by the Station House Officer, Lawspet Police Station, Puducherry, with

the recommendation of the Superintendent of Police (North), Puducherry vide

I.R.No. 82/2021 under section 144 of Cr.P.C., dated 11-06-2021. Therein, it has been

stated that the Counter Petitioners have formed a gang of rowdies and bent upon

indulging in crimes such as murder, dacoity, explosive act, Arms Act, hurt, violence,

intimidation, assault, disturbance to the public tranquility and order. The Counter

Petitioners have created panic in the minds of local inhabitants and the business

people in the Lawspet Police Station, Puducherry, limits. As a result, the people of

the locality being afraid of the Counter Petitioners do not come forward to lodge

any complaint against them. It is also stated that even witnesses don’t come forward

voluntarily to give evidence against them in ihe cases where they are the accused.

PART-I ]

LA GAZETTE DE L’ETAT

1711

4. The Petitioner further submitted that the Counter Petitioner No. l viz.,

Thiru Sozhan @ Shozharajan, had already been involved in the following criminal

cases in Lawspet Police Station, Puducherry and neighbouring Police Station of

Puducherry and Tamil Nadu.

1. Cr.No. 187/2007 under sections 356, 379 IPC r/w 34 IPC @ 394 IPC

r/w 34 IPC of Thavalakuppam Police Station, Puducherry – Pending Trial.

2. Cr.No. 108/2008 under sections 147, 148, 452, 302 IPC r/w 149 IPC,

Section 3 (B) of Explosive Substances Act, 1908 @ 148, 449, 302, 404, 414,

212 IPC r/w 149 IPC of Reddiyarpalayam Police Station, Puducherry –

Pending Trial.

3. Cr.No. 44/2009 under section 27 of Arms Act, 506(ii) IPC of Lawspet

Police Station, Puducherry – Pending Trial.

4. Cr.No. 26/2010 under section 143 IPC and Section 25(B-1) (b) of Arms

Act, 1959 r/w 149 IPC of Thirubuvanai Police Station, Puducherry –

Pending Trial.

5. Cr.No. 88/2010 under sections 427, 448, 506 (ii) IPC @ 427, 448, 506(ii)

IPC r/w 34 IPC and Section 27 of Arms Act of Lawspet Police Station,

Puducherry – Pending Trial.

6. Cr.No. 49/2010 under section 150 IPC and Section 27 of Arms Act of

Lawspet Police Station, Puducherry – Pending Trial.

7. Cr.No. 170/2010 under sections 147, 148, 302, 109 IPC r/w 149 IPC,

Section 3 of Explosive Substances Act, 1908 of Grand Bazaar Police

Station, Puducherry – Pending Trial.

8. Cr.No. 8/2011 under sections 150, 399, 402 r/w 149 IPC and Section 27

(i) of Arms Act, 1859 of Lawspet Police Station, Puducherry – Pending

Trial.

9. Cr.No. 55/2011 under section 324 IPC r/w 34 IPC of Kalapet Police

Station, Puducherry – Convicted.

10. Cr.No. 291/2011 under section 27 of Arms Act and Section 34 B IX of

PP Act of Lawspet Police Station, Puducherry – Pending Trial.

11. Cr.No. 199/2012 under sections 450, 347, 294, 354, 395, 397 IPC of

Odiansalai Police Station, Puducherry – Pending Trial.

12. Cr.No. 88/2019 under sections 120(b), 148, 341, 324, 307, 302, 109 IPC

r/w 149 IPC& 3 of Explosive Substances Act, 1908 of Muthialpet Police

Station, Puducherry – Pending Trial.

5. The Counter Petitioner No. 2 viz., Thiru Pandiyarajan @ Pandian, had

already been involved in the following criminal cases in Lawspet Police Station,

Puducherry, limits:

1. Cr.No. 01/2010 under section 27 of Arms Act 1959 of D’Nagar Police

Station, Puducherry – Pending Trial.

2. Cr.No. 149/2010 under sections 150 IPC and 27 of Arms Act, 1959 of

Lawspet Police Station, Puducherry – Pending Trial.

3. Cr.No. 8/2011 under sections 150, 399, 402 r/w 149 IPC and 27 (i) of

Arms Act of Lawspet Police Station, Puducherry – Pending Trial.

1712

LA GAZETTE DE L’ETAT

[ PART-I

1712

4. Cr.No. 88/2019 under sections 120(b), 148, 341, 324, 307, 302,109 IPC

r/w 149 IPC and of Explosive Substances Act, 1908 of Muthialpet Police

Station, Puducherry – Pending Trial.

6. It is further stated in the I.R that the Counter Petitioners are young and

very active notorious rowdy elements and have become a threat and menace to the

innocent people and therefore, their criminal activities cannot be prevented by

invoking the mere security proceedings under the Cr.P.C.

7. The petitioner further submitted that if, the Counter Petitioners are

allowed to reside in Puducherry limits, it is apprehended that they 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 serction 144 of Cr.P.C., against the Counter Petitioners 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.

8. The proceeding was started by affording an opportunity to the Counter

Petitioners to show cause against the petition filed by the Petitioner. A notice was

served to both the parties on 24-06-2021 to appear for the hearing on 01-07-2021 at

11.00 a.m. It was instructed to serve the notice to the Counter Petitioners through

the Station House Officer, Lawspet Police Station, Puducherry. The notice for

the Counter Petitioner Thiru Sozhan @ Shozharajan, was received by his wife,

Tmt. S. Bhavani . The notice for the Counter Petitioner Thiru Pandiyarajan @

Pandian, was received by his wife, Tmt. Anusuya. The service was held sufficient

for the Counter Petitioners.

9. On 01-07-2021, the Petitioner represented by Thiru Veerabathrasamy,

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

Petitioners have failed to appear before the Court on hearing date.

10. 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. Sozhan @ Shozharajan and Thiru Pandiyarajan @ Pandian,

are in such a manner that they may cause breach of peace and create a problem of

law and order and public tranquility. They had involved in crimes such as murder,

assault, unlawful activities and disturbance to the public peace and order. There

are various criminal cases registered against them in various Police Stations.

11. 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 Petitioners are allowed to reside within the limits of my jurisdiction,

the Counter Petitioners 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 Petitioners to prevent harm to life and properties

of citizens and uphold public and order;

PART-I ]

LA GAZETTE DE L’ETAT

1713

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 No. l. Thiru Sozhan @ Shozharajan, son of Munusamy, a resident

of No. 26/59, MNGP Quarters, Lawspet, Puducherry and the Counter Petitioner

No. 2. Thiru Pandiyarajan @ Pandian, son of Munusamy, a resident of No. 313,

Janani Blossom Apartment, M-Cross, Krishna Nagar, 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 Petitioners may represent against

this order before the undersigned by post or by Counsel.

At Puducherry, dated on the 1st day of July, 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. 223/2021, I.R.No. 143/2021 under section 144 of Cr.P.C./1699

ORDER

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

State Represented by the Station House Officer,

D’Nagar Police Station,

Puducherry.

. . Petitioner

Thiru Iyyanar (22),

S/o. Nagaraj,

No. 22, North Bharathipuram,

Shanmugapuram,

Puducherry.

. . Counter Petitioner

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

D’Nagar Police Station, Puducherry, praying to pass orders under section 144 of

Cr.P.C., against Thiru Iyyanar, 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 Iyyanar, son of Nagaraj, a resident of

No. 22, North Bharathipuram, Shanmugapuram, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case

submitted by the Station House Officer, D’Nagar Police Station, Puducherry,

through the Superintendent of Police (North), Puducherry vide I.R.No. l43/2021

1714

LA GAZETTE DE L’ETAT

[ PART-I

1714

under section 144 of Cr.P.C., dated 16-06-2021. Therein, it has been stated that the

Counter Petitioner has formed a gang of rowdies and indulging in crime such as

murder, attempt to murder, extortion by using lethal weapons. The Counter Petitioner

has created panic in the minds of local inhabitants. It is also stated that he is

extorting money from the local merchants and 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. 96/2018 under sections 399,402 IPC, dated 31-10-2018 of

Mettupalayam Police Station, Puducherry.

2. Cr.No. 78/2018 under section 20(b) r/w 8(c) of NDPS Act, dated

20-09-2018 of Mettupalayam Police Station, Puducherry.

3. Cr.No. 15/2020 under section Man Missing @ 302 IPC r/w 34 IPC @

147, 148, 120(B), 326, 364, 302, 212 IPC r/w 149 IPC, dated 05-02-2020

of Mettupalayam Police Station, Puducherry.

4. Cr.No. 69/2020 under sections 144 of Cr.P.C., 26-12-2020 of D’Nagar

Police Station, Puducherry.

5. Cr.No. 332/2020 under sections 188, 506(ii) r/w 34 IPC and 34 BIX of

PP Act and 27(1) of Arms Act, dated 19-11-2020 of D’Nagar Police

Station, Puducherry.

6. Cr.No. 116/2020 under section 144 of Cr P.C., dated 26-12-2020.

7. Cr.No. 28/2021 under section 144 of Cr P.C., dated 02-03-2021.

8. Cr.No. 44/2021 under sections 363, 323, 324, 506(ii) r/w 34 IPC, dated

30-03-2021 of Mettupalayam Police Station, Puducherry.

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

reliable information that the Counter Petitioner along with his gang were planned

for attacking his rival group to take revenge upon them and the Counter Petitioner

is a notorious rowdy element and become a source of terror among the public. The

Petitioner further stated that the Counter Petitioner has involved in various offences

by using aruval, knife and explosive substances 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 Puducherry urban limits, it is apprehended that he would continue to

indulge in serious offences like murder, extortion, assault, obstructions and

annoyance, damages to public and private properties, and thereby emerged as a

perennial source of threat to the community and disturb public peace and

tranquility. Hence, the Station House Officer, D’Nagar 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 and disturbance to the public

tranquility and order.

PART-I ]

LA GAZETTE DE L’ETAT

1715

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 24-06-2021 to appear for the hearing on 06-07-2021 at

11.00 a.m. It was instructed to serve the notice to the Counter Petitioner through

the Station House Officer, D’Nagar Police Station, Puducherry. The notice for the

Counter Petitioner was received by his sister, Tmt. P. Abirami. The service was held

sufficient for the Counter Petitioner.

7. On 06-07-2021 at 11.00 a.m. the Petitioner represented by Thiru Ganapathy,

Assistant Sub-Inspector, D’Nagar Police Station, Puducherry and the Counter

Petitioner were present.

8. I have heard both the 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 Iyyanar, 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. 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. Upon 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, Counter Petitioner will continue to indulge in and also

motivate serious offences like murder, assault, damages to public and private

properties, obstructions, annoyance, etc., and thereby become a perennial source

of threat to the commumry 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 Iyyanar (22), son of Nagaraj, a resident of No. 22, North

Bharathipuram, Shanmugapuram, 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 the 6th day of July, 2021, pronounced in the open

Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

1716

LA GAZETTE DE L’ETAT

[ PART-I

1716

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 226/2021, I.R.No. 146/2021 under section 144 of Cr.P.C./1701

ORDER

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

State Represented by the Station House Officer,

D’Nagar Police Station,

Puducherry.

. . Petitioner

Thiru Vicky @ Karuppu Vicky (26),

S/o. Rajendiran,

No. 06, Kamban Street,

Kamaraj Nagar,

Gorimedu,

Puducherry.

(Present address:

No. 26, Karunajothi Street,

Iluppa Thoppu,

Veeman Nagar, Thilashpet,

Puducherry).

. . Counter Petitioner

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

represented by Thiru A. Govindarajan, Sub-Inspector, D’Nagar Police Station,

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

@ Karuppu Vicky, 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 Vicky @ Karuppu Vicky (26), son of

Rajendiran, a resident of No. 06, Kamban Street, Kamaraj Nagar, Gorimedu,

Puducherry. (Present address: No. 26, Karunajothi Street, Iluppa thoppu, Veeman

Negar, Thilashpet, Puducherry).

3. The facts which led up to the petition are briefly as follows: The case

submitted by the Station House Officer, D’Nagar Police Station through the

Superintendent of Police (North), Puducherry vide I.R.No. 146/2021 under section

144 of Cr.P.C., dated 16-06-2021. Therein, it has been stated that the Counter

Petitioner has formed a gang of rowdies and indulging in crime such as murder,

attempt to murder, extortion by using lethal weapons. The Counter Petitioner has

created panic in the minds of local inhabitants. It is also stated that he is extorting

money from the local merchants and 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.

PART-I ]

LA GAZETTE DE L’ETAT

1717

1. Cr.No. 293/2020 under sections 302 r/w34 IPC @ 147, 148, 302 r/w 149

IPC, dated 30-09-2020 of D’Nagar Police Station, Puducherry.

2. Cr.No. 113/2020 under section 144 of Cr.P.C., dated 25-12-2020 of

D’Nagar Police Station, Puducherry.

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

reliable information that the Counter Petitioner along with his gang were planned

for attacking his rival group to take revenge upon them. The Petitioner further stated

that the Counter Petitioner has involved in various offences by using aruval, knife

and explosive substances to attack the victims and become a source of terror among

the public. 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 Puducherry urban limits, it is apprehended that he would continue to

indulge in serious offences like murder, extortion, assault, obstructions and

annoyance, damages to public and private properties, and thereby emerged as a

perennial source of threat to the community and disturb public peace and order.

Hence, the Station House Officer, D’Nagar 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 24-06-2021 to appear for the hearing on 06-07-2021 at

11.00 a.m. It was instructed to serve the notice to the Counter Petitioner through

the Station House Officer, D’Nagar Police Station, Puducherry. The notice for the

Counter Petitioner was received by his brother, Thiru Raj. The service was held

sufficient for the Counter Petitioner.

7. On 06-07-2021 at 11.00 a.m. the Petitioner represented by Thiru Ganapathy,

Assistant Sub-Inspector, D’Nagar 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 Vicky @ Karuppu Vicky, 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, unlawful activities and disturbance to

the public peace and order. There are 2 criminal cases were registered against him

in D’Nagar Police Station, Puducherry.

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, damages to public and private properties, obstructions,

annoyance, 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.

1718

LA GAZETTE DE L’ETAT

[ PART-I

1718

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 Vicky @ Karuppu Vicky (26), son of Rajendiran, a resident of

No. 06, Kamban Street, Kamaraj Nagar, Gorimedu, Puducherry. (Present address:

No. 26, Karunajothi Street, Iluppa Thoppu, Veeman Nagar, Thilashpet, 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 the 6th day of July, 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. 227/2021, I.R.No. 147/2021 under section 144 of Cr.P.C./1700

ORDER

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

State Represented by the Station House Officer,

D’Nagar Police Station,

Puducherry.

. . Petitioner

Thiru Settu @ Ambrose (26),

S/o. Periyanayakkasamy,

No. 11, Periyar Street,

Kamaraj Nagar,

Gorimedu,

Puducherry.

. . Counter Petitioner

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

represented by Thiru A. Govindarajan, Sub-Inspector, D’Nagar Police Station,

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

@ Ambrose, 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 Settu @ Ambrose (26), son of

Periyanayakkasamy, a resident of No. 11, Periyar Street, Kamaraj Nagar, Gorimedu,

Puducherry.

PART-I ]

LA GAZETTE DE L’ETAT

1719

3. The facts which led up to the petition are briefly as follows: The case

submitted by the Station House Officer, D’Nagar Police Station, Puducherry,

through the Superintendent of Police (North), Puducherry vide I.R.No. 147/2021