IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 236/2021, I.R.No. 92/2021 under section 144 of Cr.P.C./1783

ORDER

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

State Represented by the Sub-Inspector of Police,

Lawspet Police Station,

Puducherry.

. . Petitioner

1. Thiru Sitharanjan (37),

S/o. Vinayagam,

No. 44, Thamizholi Street,

Major Saravanan Nagar,

Karuvadikuppam, Lawspet, Puducherry.

[ 1727 ]

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No.

142

Poudouchéry

Mardi

Juillet

2021 (5 Sravana 1943)

No.

Puducherry

Tuesday

27th

July

2021

1728

LA GAZETTE DE L’ETAT

[ PART-I

1728

2. Thiru Chakaravarthy (31),

S/o. Chandrasekaran,

No. 78, Major Saravanan Nagar,

Karuvadikuppam, Lawspet, Puducherry.

3. Thiru Sandilyan (29),

S/o. Chandrasekar,

No. 17, Tamiloli Street,

Major Saravanan Nagar,

Karuvadikuppam, Lawspet, Puducherry.

. . Counter Petitioners

This petition along with case sheet is filed by the Sub-Inspector of Police,

Lawspet Police Station, Puducherry, praying to pass orders under section 144

of Cr.P.C., against Thiru Sitharanjan, Thiru Chakaravarthy and Thiru Sandilyan 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 Sitharanjan (37), son of

Vinayagam, a resident of No. 44, Thamizholi Street, Major Saravanan Nagar,

Karuvadikuppam, Lawspet, Puducherry, the Counter Petitioner No. 2 is Thiru

Chakaravarthy (31), son of Chandrasekaran, a resident of No. 78, Major Saravanan

Nagar, Karuvadikuppam, Lawspet, Puducherry and the Counter Petitioner No. 3

is Thiru Sandilyan (29), son of Chandrasekar, a resident of No. 17, Tamiloli Street,

Major Saravanan Nagar, Karuvadikuppam, Lawspet, Puducherry.

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

was referred by the Sub-Inspector of Police, Lawspet Police Station, Puducherry,

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

I.R.No. 92/2021 under section 144 of Cr.P.C., dated 19-06-2021. Therein, it has been

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

indulging in crimes such as murder, attempt to murder, hurt, Arms Act, 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 Petitioner No. 1 Thiru

Sitharanjan (37) had already been involved in the following criminal cases in

Lawspet Police Station, Puducherry.

1. Cr.No. 20/2004 under section 34 BB of PP Act of Lawspet Police

Station, Puducherry – Convicted.

2. Cr.No. 25/2005 under sections 324, 506 (II) IPC r/w 34 IPC of Lawspet

Police Station, Puducherry – Acquitted.

3. Cr.No. 237/2005 under sections 147, 148, 341, 307 IPC r/w 149 IPC of

Lawspet Police Station, Puducherry – Acquitted.

4. Cr.No. 243/2005 under sections 337, 338, 304 IPC and 4(a) Explosive

Act of Lawspet Police Station, Puducherry – Pending Trial.

5. Cr.No. 42/2008 under sections 324, 506 (I) IPC r/w 34 IPC of Lawspet

Police Station, Puducherry – Pending Trial.

PART-I ]

LA GAZETTE DE L’ETAT

1729

6. Cr.No. l79/2008 under sections 384, 364 IPC of Lawspet Police Station,

Puducherry – Pending Trial.

7. Cr.No. 53/2015 under sections 143, 147, 148, 302 IPC r/w 149 IPC of

Lawspet Police Station, Puducherry – Pending Trial.

8. Cr.No. 49/2018 under sections 506(II) IPC r/w 34 IPC and 27 of Arms

Act of Lawspet Police Station, Puducherry – Pending Trial.

5. The Counter Petitioner No. 2 Thiru Chakaravarthy (31) and Counter

Petitioner No. 3 viz., Thiru Sandilyan (29), had already been involved in the following

criminal case in Lawspet Police Station, Puducherry.

1. Cr.No. 53/2015 under sections 148, 449, 302 IPC r/w 149 IPC @ 147,

148, 449, 302, 120 (B) IPC of Lawspet Police Station, Puducherry, dated

24-04-2015 – Pending Trial.

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

reliable information that the Counter Petitioners are hatching plans to indulge in

unlawful activities in the Lawspet Police Station limits and extort money by

threatening. 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 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.

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 30-06-2021 to appear for the hearing on 13-07-2021 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 Sitharanjan was received by his sister, Tmt. N. Poorani.

The notice for the Counter Petitioners Chakaravarthy and Sandilyan was served

by affixing it at his house due to absence of the Counter Petitioners at his house.

The service was held sufficient for the Counter Petitioners.

9. On 13-07-2021, the Petitioner represented by Thiru G. Thirumurugan,

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 Sitharanjan, Thiru Chakaravarthy and Thiru Sandilyan 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.

1730

LA GAZETTE DE L’ETAT

[ PART-I

1730

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 peace and order;

12. Hence, I, Thiru 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 Sitharanjan (37), son of Vinayagam, a resident

of No. 44, Thamizholi Street, Major Saravanan Nagar, Karuvadikuppam, Lawspet,

Puducherry, the Counter Petitioner No. 2. Thiru Chakaravarthy (31), son of

Chandrasekaran, a resident of No. 78, Major Saravanan Nagar, Karuvadikuppam,

Lawspet, Puducherry and the Counter Petitioner No. 3. Thiru Sandilyan (29), son

of Chandrasekar, a resident of No. 17, Tamiloli Street, Major Saravanan Nagar,

Karuvadikuppam, 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 13th 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. 243/2021, I.R.No. 85/2021 under section 144 of Cr.P.C./1784

ORDER

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

State Represented by the Station House Officer,

Thavalakuppam Police Station,

Puducherry.

. . Petitioner

Thiru Anand @ Anandaraman (20),

S/o. Arul,

C-60, Sada Nagar,

Thavalakuppam, Puducherry.

. . Counter Petitioner

PART-I ]

LA GAZETTE DE L’ETAT

1731

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

Thiru M. Ilango, Sub-Inspector of Police, Thavalakuppam Police Station,

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

Thiru Anand @ Anandaraman 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 Anand @ Anandaraman (20), son of

Arul, a resident of C-60, Sada Nagar, Thavalakuppam, Puducherry.

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

was referred by the Station House Officer, Thavalakuppam Police Station,

Puducherry, with the recommendation of the Superintendent of Police (South),

Puducherry vide I.R.No. 85/2021 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 bent up on indulging in crimes such as murder, Arms Act, explosive by using

deadly weapons. In this connection, the Petitioner has stated that the following

criminal cases were registered against the Counter Petitioner.

1. Cr.No. 16/2019 under section 27(i) (a) of Arms Act, dated 15-08-2019

of Thavalakuppam Police Station, Puducherry.

2. Cr.No. 296/2017 under sections 379, 393 IPC of Ramanatham Police

Station.

3. Cr.No. 138/2019 under sections 147, 148, 302 IPC and 3 of Explosive

Act, 1908 r/w 149 IPC, dated 06-11-2019 of Ariyankuppam Police

Station, Puducherry.

4. Cr.No. 370/2020 under sections 34 B IX of PP Act, dated 11-12-2020

of Thavalakuppam Police Station, Puducherry.

5. IR.No. 27/2021 under section 110 Cr.P.C.

6. IR.No. 39/ 2021 under section 150 @ 107 Cr.P.C.

7. IR.No. 49/ 2020 under section 107 Cr.P.C.

4. The Petitioner further stated that the Counter Petitioner is not a law

abiding citizen and he is a notorious rowdy element. It is also stated that he has

involved in various offences by using 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 and therefore, his criminal activities cannot be prevented

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

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

to reside in Puducherry region (North) limits, it is apprehended that he would

continue to indulge in serious offences like theft, hurt, damages to public and private

properties, assault, 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, Thavalakuppam 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.

1732

LA GAZETTE DE L’ETAT

[ PART-I

1732

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 30-06-2021 to appear for the hearing on 15-07-2021. It

was instructed to serve the notice to the Counter Petitioner through the Station

House Officer, Thavalakuppam Police Station, Puducherry. The notice was received

by the Counter Petitioner.

7. On 15-07-2021, the Petitioner represented by Thiru Shanmugavelu,

Assistant Sub-Inspector, Thavalakuppam Police Station, Puducherry and the

Counter Petitioner was present. The Ld. Counsel, Thiru T. Narendrakumar, was

present and represented on behalf of the Counter Petitioner.

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 Anand @ Anandaraman 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. I have also heard the oral

submission of the Counsel for the Counter Petitioner. The Ld. Counsel for 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, I am of the opinion that if, the Counter Petitioners is 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, damages to 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;

10. Hence, I, Thiru 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 Anand @ Anandaraman (20), son of Arul, a resident

of C-60, Sada Nagar, Thavalakuppam, 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 15th day of July, 2021, pronounced in the open

Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

PART-I ]

LA GAZETTE DE L’ETAT

1733

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 241/2021, I.R.No. 83/2021 under section 144 of Cr.P.C./1785

ORDER

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

State Represented by the Station House Officer,

Thavalakuppam Police Station,

Puducherry.

. . Petitioner

Thiru Raji @ Raju (29),

S/o. Pazhani,

No. 10, North Street,

Pooranankuppam, Puducherry.

. . Counter Petitioner

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

Thiru M. Ilango, Sub-Inspector of Police, Thavalakuppam Police Station,

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

Thiru Raji @ Raju 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 Raji @ Raju (29), son of Pazhani,

a resident of No. 10, North Street, Pooranankuppam, Puducherry.

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

submitted by the Station House Officer, Thavalakuppam Police Station, Puducherry,

with the recommendation of the Superintendent of Police (South), Puducherry, vide

I.R.No. 83/2021 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 bent up on

indulging in crimes such as murder, hurt, explosive by using deadly weapons. In

this connection, the Petitioner had stated that the following criminal cases were

registered against the Counter Petitioner.

1. Cr.No. 62/2012 under sections 354, 323, 506(ii), r/w 34 IPC, dated

29-05-2012 of Thavalakuppam Police Station, Puducherry.

2. Cr.No. 86/2014 under sections 147, 148, 341, 342, 302 IPC and 3 of

Explosive Act, 1908 r/w 149 IPC, dated 21-11-2014 of Thavalakuppam

Police Station, Puducherry.

3. Cr.No. 295/2020 under sections 341, 294(b), 323, 506(ii) r/w 34 IPC,

dated 19-06-2020 of Thavalakuppam Police Station, Puducherry.

4. Cr.No. 347/2020 under sections 294(b), 323, 506(ii) r/w 34 IPC, dated

14-10-2020 of Thavalakuppam Police Station, Puducherry.

5. Cr.No. 02/2021 under sections 143, 148, 307, 324, 323 IPC r/w 149 IPC

@ 143, 148, 302, 120(b) IPC r/w 149 IPC, dated 01-01-2021 of

Thavalakuppam Police Station, Puducherry.

1734

LA GAZETTE DE L’ETAT

[ PART-I

1734

6. IR.No. 27/2021 under section 110 Cr.P.C.

7. IR.No. 39/ 2021 under section 150 @ 107 Cr.P.C.

8. IR.No. 49/ 2020 under section 107 Cr.P.C.

4. The Petitioner further stated that the Counter Petitioner is not a law

abiding citizen and he is a notorious rowdy element. It is also stated that he has

involved in various offences by using 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. The Petitioner also stated that the Counter Petitioner

earned displeasure among a section of other rowdy group in the area on account

of the grudge against him and hence, rival group is also waiting opportunity to

take revenge up on him and therefore, his criminal activities cannot be prevented

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

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

to reside in Puducherry region (North) limits, it is apprehended that he would

continue to indulge in serious offences like theft, hurt, damages to public and private

properties, assault, 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, Thavalakuppam 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 30-06-2021 to appear for the hearing on 15-07-2021. It

was instructed to serve the notice to the Counter Petitioner through the Station

House Officer, Thavalakuppam Police Station, Puducherry. The notice was received

by the Counter Petitioner.

7. On 15-07-2021, the Petitioner represented by Thiru Shanmugavelu,

Assistant Sub-Inspector, Thavalakuppam Police Station, Puducherry and the

Counter Petitioner was present. The Ld. Counsel, Thiru T. Narendrakumar, was

present and represented on behalf of the Counter Petitioner.

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 Raji @ Raju, 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. I have also heard the oral submission of

the Counsel for the Counter Petitioner. The Ld. Counsel for 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, I am of the opinion that if, the Counter Petitioners 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, damages to properties,

obstructions, annoyance, etc., and thereby become a perennial source of threat to

PART-I ]

LA GAZETTE DE L’ETAT

1735

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;

10. Hence, I, Thiru 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 Raji @ Raju (29), son of Pazhani, a resident of No. 10,

North Street, Pooranankuppam, 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 15th 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. 239/2021, I.R.No. 81/2021 under section 144 of Cr.P.C./1786

ORDER

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

State Represented by the Station House Officer,

Thavalakuppam Police Station,

Puducherry.

. . Petitioner

Thiru Ravindar @ Ravi (21),

S/o. Vazhumuni,

Kamaraj Salai,

Pooranankuppam, Puducherry.

. . Counter Petitioner

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

Thiru M. Ilango, Sub-Inspector of Police, Thavalakuppam Police Station,

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

Thiru Ravindar @ Ravi to prevent imminent danger to human lives and properties, and

disturbance to the public tranquility and order, in the jurisdiction of this Court.

1736

LA GAZETTE DE L’ETAT

[ PART-I

1736

2. The Counter Petitioner is Thiru Ravindar @ Ravi (21), son of

Vazhumuni, a resident of Kamaraj Salai, Pooranankuppam, Puducherry.

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

submitted by the Station House Officer, Thavalakuppam Police Station, Puducherry,

with the recommendation of the Superintendent of Police (South), Puducherry, vide

I.R.No. 81/2021 under section 144 of Cr.P.C., dated 12-06-2021. Therein, it has been

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

indulging in crimes such as murder, hurt. It is also stated that The Couter 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. 02/2020 under section 34 B(IX) of PP Act, dated 04-02-2020

of Thavalakuppam Police Station, Puducherry.

2. Cr.No. 347/2020 under sections 294(b), 323, 506(ii) r/w 34 IPC, dated

14-10-2020 of Thavalakuppam Police Station, Puducherry.

3. Cr.No. 02/2021 under sections 143, 148, 307, 324, 323 IPC r/w 149 IPC

@ 143, 148, 302, 120(b) IPC r/w 149 IPC, dated 01-01-2021 of

Thavalakuppam Police Station, Puducherry.

4. The Petitioner further stated that the Counter Petitioner is not a law

abiding citizen and he 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 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. It is also

stated in the I.R. that the Station House Officer has received reliable information

that he is desperate and is in dire need of money to maintain his group of rowdy

elements and to meet expenses in connection with the trial in the pending criminal

cases against him. It is also stated that he is hatching plans to threaten the business

people in the Puducherry urban area and extort money from them by threatening.

The Petitioner also stated that the Counter Petitioner earned displeasure among a

section of other rowdy group in the area on account of the grudge against him and

hence, rival group is also waiting opportunity to take revenge up on him.

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

to reside in Puducherry urban limts, it is apprehended that he would continue to

indulge in serious offences like murder, attempt to murder, damages to public and

private properties, assault, 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, Thavalakuppam 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.

PART-I ]

LA GAZETTE DE L’ETAT

1737

6. 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 30-06-2021 to appear for the hearing on 15-07-2021.

It was instructed to serve the notice to the Counter Petitioner through the Station

House Officer, Thavalakuppam Police Station, Puducherry. The notice was received

by the Counter Petitioner.

7. On 15-07-2021, the Petitioner represented by Thiru Shanmugavelu,

Assistant Sub-Inspector, Thavalakuppam Police Station, Puducherry, and the

Counter Petitioner was present. The Ld. Counsel, Thiru T. Narendrakumar, was

present and represented on behalf of the Counter Petitioner.

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 Ravindar @ Ravi, 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 3 criminal cases registered

against him the Thavalakuppam Police Station, Puducherry. I have also heard the

oral submission of the Counsel for the Counter Petitioner. The Ld. Counsel for

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, 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, damages to 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.

10. Hence, I, Thiru 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 Ravindar @ Ravi (21), son of Vazhumuni, a resident of

Kamaraj Salai, Pooranankuppam, 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 15th day of July, 2021, pronounced in the open

Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

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LA GAZETTE DE L’ETAT

[ PART-I

1738

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 240/2021, I.R.No. 82/2021 under section 144 of Cr.P.C./1787

ORDER

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

State Represented by the Station House Officer,

Thavalakuppam Police Station,

Puducherry.

. . Petitioner

Thiru Praveen (24),

S/o. Murugaiyan,

No. 50, South Street,

Pooranankuppam, Puducherry.

. . Counter Petitioner

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

Thiru M. Ilango, Sub-Inspector of Police, Thavalakuppam Police Station,

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

Thiru Praveen 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 Praveen (24), son of Murugaiyan, a

resident of No. 50, South Street, Pooranankuppam, Puducherry.

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

submitted by the Station House Officer, Thavalakuppam Police Station, Puducherry,

with the recommendation of the Superintendent of Police (South), Puducherry vide

I.R.No. 82/2021 under section 144 of Cr.P.C., dated 12-06-2021. Therein, it has been

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

indulging in crimes such as murder by using deadly weapons. 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. 02/2021 under sections 143, 148, 307, 324, 323 IPC r/w 149 IPC

@ 143, 148, 302, 120(b) IPC r/w 149 IPC, dated 01-01-2021 of

Thavalakuppam Police Station, Puducherry.

4. The Petitioner further stated that the Counter Petitioner is not a law

abiding citizen and he 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 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. It is also

stated in the I.R. that the Station House Officer has received reliable information

that he is desperate and is in dire need of money to maintain his group of rowdy

PART-I ]

LA GAZETTE DE L’ETAT

1739