IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 280/2021, I.R.No. 73/2021 under section 144 of Cr.P.C./2676
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Mettupalayam Police Station,
Puducherry.
. . Petitioner
Vs
Thiru Nandhakumar @ Nandu (22),
S/o. Rajinikanth,
No. 02, 1st Cross,
Manicka Chettiar Nagar,
Shanmugapuram,
Puducherry.
. . Counter Petitioner
[ 3287 ]
Registered with the Registrar
of Newspapers for India
under No. 10410
Registered No. PY/44/2021-23
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PART - I
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28 {
No.
269
Poudouchéry
Jeudi
28
Octobre
2021 (6 Kartika 1943)
No.
Puducherry
Thursday
28th
October
2021
3288
LA GAZETTE DE L’ETAT
[ PART-I
3288
This petition along with case sheet is filed by the Station House Officer,
Thiru V. Sivakumar, Sub-Inspector, Mettupalayam Police Station, Puducherry,
praying to pass orders under section 144 of Cr.P.C., against Thiru Nandhakumar @
Nandu, 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 Nandhakumar @ Nandu (22), son of
Rajinikanth, a resident of No. 02, 1st Cross, Manicka Chettiar Nagar, Shanmugapuram,
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. 73/2021 under section 144 of Cr.P.C., dated 23-09-2021. Therein, it has been
stated that the Counter Petitioner has indulging in crimes such as murder,
intimidation, rioting 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. 167/2020 under section 302 IPC r/w 34 IPC, dated 15-11-2020 of
Mettupalayam Police Station, Puducherry – Pending Trial.
2. Cr.No. 04/2020 under section 25 (1-a) of Arms Act, 1959, dated
13-01-2020 of Mettupalayam Police Station, Puducherry – Pending Trial.
3. Cr.No. 84/2017 under sections 147, 148, 342, 302, 307 IPC r/w 149 IPC
and 3 and 4 of Explosives substances Act, 1908 @ 148, 109, 120-B,
144, 114, 342, 302, 307, 326, 324 IPC r/w 149 IPC and 3 and 4 of
Explosives Substances Act, 1908, dated 19-10-2017 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 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 North limits, it is apprehended that he would continue to
indulge in serious offences like murder, extortion, assault, obstructions, annoyance,
damages to public and private properties, etc., and thereby emerged as a perennial
source of threat to the community and disturb public peace and order. Hence, the
Station House Officer, Mettupalayam Police Station, Puducherry, has prayed to
invoke provisions under section 144 of Cr.P.C., against the Counter Petitioner do
PART-I ]
LA GAZETTE DE L’ETAT
3289
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 29-09-2021 to appear for the hearing on 01-10-2021 at
10.00 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 relative, Tmt. Kumudham. The service
was held sufficient for the Counter Petitioner.
7. On 01-10-2021, the Petitioner Thiru V. Sivakumar, Sub-Inspector,
Mettupalayam Police Station, Puducherry, was present. The Counter Petitioner has
failed to appear before the Court on hearing date.
8. I have heard the Petitioner and carefully gone through all the available
records placed before me. In the Police Information Report/Petition, it is stated that
the activities of Thiru Nandhakumar @ Nandu, 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 were registered
against him in Mettupalayam 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,
the Counter Petitioner will continue to indulge in and also motivate serious offences
like murder, assault, extortion, obstructions, annoyance, damages to public and
private properties, etc., and thereby emerged as a perennial source of threat to the
community and disturb public peace and order. Such situations cannot be handled
effectively by taking recourse to usual procedures contemplated by law and hence,
it is necessary that special provision under section 144 of Cr.P.C., is invoked to
take action against the Counter Petitioner to prevent harm to life and properties of
citizens and uphold public peace and order.
10. 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 Nandhakumar @ Nandu (22), son of Rajinikanth, a resident of
No. 02, 1st Cross, Manicka Chettiar Nagar, 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 this 01st day of October, 2021, pronounced in the
open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
3290
LA GAZETTE DE L’ETAT
[ PART-I
3290
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 281/2021, I.R.No. 74/2021 under section 144 of Cr.P.C./2677
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Mettupalayam Police Station,
Puducherry.
. . Petitioner
Vs
Thiru Ganesh @ Kannukutti Ganesh
@ Anandh (38),
S/o. Gurusamy,
No. 77, Bajanaimadam Street,
Muthirayarpalayam,
Puducherry.
. . Counter Petitioner
This petition along with case sheet is filed by the Station House Officer,
Thiru V. Sivakumar, Sub-Inspector, Mettupalayam Police Station, Puducherry,
praying to pass orders under section 144 of Cr.P.C., against Thiru Ganesh @
Kannukutti Ganesh @ Anandh, 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 Ganesh @ Kannukutti Ganesh @
Anandh (38), son of Gurusamy, a resident of No. 77, Bajanaimadam Street,
Muthirayarpalayam, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
is submitted by the Station House Officer, Mettupalayam Police Station, Puducherry,
with the recommendation of the Superintendent of Police (North), Puducherry, vide
I.R.No. 74/2021 under section 144 of Cr.P.C., dated 24-09-2021. Therein, it has been
stated that the Counter Petitioner has indulging in crimes such as murder, extortion,
intimidation and disturbance to the public tranquility and order. It is also stated
that the Counter Petitioner has created panic in the minds of local inhabitants and
he is leading lavish life with the money earned through extortion. As a result, the
people of the locality being afraid of the Counter Petitioner do not come forward
to lodge any complaint against him. It is also stated that even witnesses don’t
come forward voluntarily to give evidence against him in the cases where he is the
accused. In this connection, the Petitioner had stated that the following criminal
cases were registered against the Counter Petitioner.
1. Cr.No. 84/2017 under sections 147,148, 342, 302, 307 IPC r/w 149 IPC
and 3 and 4 of Explosives Substances Act, 1908 @ 148, 109, 120-B,
144, 114, 342, 302, 307, 326, 324 IPC r/w 149 IPC and 3 and 4 of
Explosives Substances Act, 1908, dated 19-10-2017 of Mettupalayam
Police Station, Puducherry – Pending Trial.
PART-I ]
LA GAZETTE DE L’ETAT
3291
2. Cr.No. 96/2014 under sections 148, 302,120(B), 109 IPC r/w 149 IPC,
dated 13-08-2014 of Mettupalayam Police Station, Puducherry –
Pending Trial.
3. Cr.No. 55/2014 under sections 324, 323, 506(ii) IPC r/w 34 IPC, dated
11-05-2014 of Mettupalayam Police Station, Puducherry – Compounded.
4. Cr.Pc. 27/2010 under sections 25(1)(a) of Arms Act, 1959, dated
18-02-2010 of Mettupalayam Police Station, Puducherry – Acquitted.
5. Cr.No. 95/2005 under sections 147, 148, 324, 302 r/w 149 IPC, dated
13-07-2005 of Mettupalayam Police Station, Puducherry – Acquitted.
6. Cr.No. 60/2004 under sections 341, 323,506(1) r/w 34 IPC, dated
25-04-2004 – Convicted.
7. Cr.No. 79/2003 under sections 341, 325 r/w 34 IPC, dated 28-09-2003 –
Acquitted.
8. Cr.No. 12/2003 under section 324 r/w 34 IPC, dated 17-01-2003 –
Acquitted.
9. Cr.No. 52/2000 under sections 452, 324 r/w 34 IPC, dated 08-08-2000 –
Convicted.
4. The Petitioner submitted that the Counter Petitioner is a notorious rowdy
element and become a source of terror among the public. The Counter Petitioner
was recently released from central prison, Kalapet. The Petitioner further stated
that the Counter Petitioner is having enmity with one Tamiizh @ Thamizharasan (31),
son of Segar of Gandhi Thirunallur, Muthirayarpalayam, Puducherry. It is further
stated that the Counter Petitioner also 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 upon him. 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 North limits, it is apprehended that he would continue to
indulge in serious offences like murder, extortion, assault, obstructions, annoyance,
damages to public and private properties, etc., and thereby emerged as a perennial
source of threat to the community and disturb public peace and order. Hence, the
Station House Officer, Mettupalayam Police Station, Puducherry, has prayed to
invoke provisions under section 144 of Cr.P.C., against the Counter Petitioner do
not to enter into the jurisdiction of this Court, for a period of two months as to
prevent danger to the human life and properties of citizens and uphold public peace
and order.
6. The proceeding was started by affording an opportunity to the Counter
Petitioner to show cause against the petition filed by the Petitioner. A notice was
served to both the parties on 29-09-2021 to appear for the hearing on 01-10-2021 at
10.00 a.m. It was instructed to serve the notice to the Counter Petitioner through
the Station House Officer, Mettupalayam Police Station, Puducherry. The notice
for the Counter Petitioner was received by his mother, Tmt. Lakshmi. The service
was held sufficient for the Counter Petitioner.
3292
LA GAZETTE DE L’ETAT
[ PART-I
3292
7. On 01-10-2021, the Petitioner Thiru V. Sivakumar, Sub-Inspector,
Mettupalayam Police Station, Puducherry, and the Counter Petitioner were present.
The learned Counsel, Thiru V. Raman, 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 Ganesh @ Kannukutti Ganesh @ Anandh, 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 9 criminal
cases were registered against him in Mettupalayam Police Station, Puducherry.
I have also heard the submissions of the Counsel for the Counter Petitioner. The
learned Counsel for Counter Petitioner has stated that the Petitioner has filed this
false case with an ulterior motive.
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,
the Counter Petitioner will continue to indulge in and also motivate serious offences
like murder, assault, extortion, obstructions, annoyance, damages to public and
private properties, etc., and thereby emerged as a perennial source of threat to the
community and disturb public peace and order. Such situations cannot be handled
effectively by taking recourse to usual procedures contemplated by law and hence,
it is necessary that special provision under section 144 of Cr.P.C., is invoked to
take action against the Counter Petitioner to prevent harm to life and properties of
citizens and uphold public peace and order.
10. 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 Ganesh @ Kannukutti Ganesh @ Anandh (38), son of Gurusamy, a
resident of No. 77, Bajanaimadam Street, Mutharayarpalayam, 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 01st day of October, 2021, pronounced in the
open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
PART-I ]
LA GAZETTE DE L’ETAT
3293
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 282/2021, I.R.No. 75/2021 under section 144 of Cr.P.C./2678
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Mettupalayam Police Station,
Puducherry.
. . Petitioner
Vs
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 the Station House Officer,
Thiru V. Sivakumar, Sub-Inspector, Mettupalayam Police Station, Puducherry,
praying to pass orders under section 144 of Cr.P.C., against Thiru 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.
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. 75/2021 under section 144 of Cr.P.C., dated 25-09-2021. 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.
l. 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.
3294
LA GAZETTE DE L’ETAT
[ PART-I
3294
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 120(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 sections 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.
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 sections 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
PART-I ]
LA GAZETTE DE L’ETAT
3295
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 29-09-2021 to appear for the hearing on 01-10-2021
at 10.00 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 01-10-2021, the Petitioner Thiru V. Sivakumar, Sub-Inspector,
Mettupalayam Police Station, Puducherry, was present. The Counter Petitioner has
failed to appear before the Court on hearing date.
8. I have heard the Petitioner and carefully gone through all the available
records placed before me. In the Police Information Report/Petition, it is stated that
the activities of Thiru 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 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,
the Counter Petitioner will continue to indulge in and also motivate serious offences
like murder, assault, extortion, obstructions, annoyance, damages to public and
private properties, etc., and thereby emerged as a perennial source of threat to the
community and disturb public peace and order. Such situations cannot be handled
effectively by taking recourse to usual procedures contemplated by law and hence,
it is necessary that special provision under section 144 of Cr.P.C., is invoked to
take action against the Counter Petitioner to prevent harm to life and properties of
citizens and uphold public peace and order.
10. 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 01st day of October, 2021, pronounced in the
open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
3296
LA GAZETTE DE L’ETAT
[ PART-I
3296
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 283/2021, I.R.No. 55/2021 under section 144 of Cr.P.C./2673
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Reddiyarpalayam Police Station,
Puducherry.
. . Petitioner
Vs
Thiru Suresh @ Kulla Suresh (26),
S/o. Pazhani,
Madathu Street,
Oulgaret,
Puducherry.
. . Counter Petitioner
This petition along with case sheet is filed by the Station House Officer,
Thiru P. Sivaprakassam, Sub-Inspector, Reddiyarpalayam Poice Station, Puducherry,
praying to pass orders under section 144 of Cr.P.C., against Thiru Suresh @ Kulla
Suresh, 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 Suresh @ Kulla Suresh (26), son of
Pazhani, a resident of Madathu Street, Oulgaret, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
submitted by the Station House Officer, Reddiyarpalayam Police Station,
Puducherry, with the recommendation of the Superintendent of Police (North),
Puducherry vide I.R.No. 55/2021 under section 144 of Cr.P.C., dated 23-08-2021.
Therein, it has been stated that the Counter Petitioner have formed a gang of
rowdies and bent upon indulging in crime such as murder, attempt to murder,
extortion, riot, hurt, intimidation and disturbance to the public tranquillity and order.
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.
1. Cr.No. 124/2010 under sections 147, 148, 302 IPC r/w 149 IPC, dated
14-06-2010.
2. Cr.No. 156/2008 under sections 147, 148, 341, 307, 324, 323 IPC r/w 149
IPC and 27 B Arms Act, dated 11-07-2008 of Reddiyarpalayam Police
Station, Puducherry.
PART-I ]
LA GAZETTE DE L’ETAT
3297
3. Cr.No. 91/2013 under sections 399,402 IPC of Reddiyarpalayam Police
Station, Puducherry.
4. The Petitioner stated that the Counter Petitioner is a rowdy element and
become a source of terror among the public. It is also stated that he has involved
in various offences by using aruval, knife and other dangerous weapons to attack
the victims. It is further stated that the Counter Petitioner is not a law abiding citizen
and he violated the conditions imposed by Criminal Courts and have scant respect
to the judiciary and rule of law.
5. It is also stated in the I.R that the Station House Officer have received
reliable information that the Counter Petitioner 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. The Counter Petitioner 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 upon him.
6. The Petitioner further submitted that if, 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, attempt to murder, Kidnapping,
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, Reddiyarpalayam 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.
7. 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 29-09-2021 to appear for the hearing on 07-10-2021 at
10.00 a.m. It was instructed to serve the notice to the Counter Petitioner through
the Station House Officer, Reddiyarpalayam Police Station, Puducherry. The notice
was received by the Counter Petitioner.
8. On 07-10-2021, the Petitioner Thiru P. Sivaprakassam, Sub-Inspector,
Reddiyarpalayam Police Station, Puducherry, and the Counter Petitioner were
present.
9. 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 Suresh @ Kulla Suresh, 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 were
registered against him in Reddiyarpalayam Police Station, Puducherry. I have also
heard the oral submissions of the Counter Petitioner. The Counter Petitioner has
stated that the Petitioner has filed this false case with an ulterior motive.
10. 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
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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;
11. 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 Suresh @ Kulla Suresh (26), son of Pazhani, a resident of Madathu
Street, Oulgaret, 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 07th day of October, 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. 285/2021, I.R.No. 57/2021 under section 144 of Cr.P.C./2674
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Reddiyarpalayam Police Station,
Puducherry.
. . Petitioner
Vs
Thiru Anbu @ Anburaj (27),
S/o. Ariputhiri,
No. 35, Gundusalai,
Boomiyanpet,
Puducherry.
. . Counter Petitioner
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3299
This petition along with case sheet is filed by the Station House Officer,
Thiru P. Sivaprakassam, Sub-Inspector, Reddiyarpalayam Poice Station, Puducherry,
praying to pass orders under section 144 of Cr.P.C., against Thiru Anbu @ Anburaj,
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 Anbu @ Anburaj (27), son of Ariputhiri,
a resident of No. 35, Gundusalai, Boomiyanpet, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
submitted by the Station House Officer, Reddiyarpalayam Police Station,
Puducherry, with the recommendation of the Superintendent of Police (North),
Puducherry vide I.R.No. 57/2021 under section 144 of Cr.P.C., dated 25-08-2021.
Therein, it has been stated that the Counter Petitioner have formed a gang of
rowdies and bent upon indulging in crime such as murder, attempt to murder,
extortion, riot, hurt, intimidation and disturbance to the public tranquillity and order.
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.
1. Cr.No. 154/2011 under sections 147, 148, 302, 324, 323 IPC r/w 149 IPC,
dated 21-08-2011 of Reddiyarpalayam Police Station, Puducherry.
2. Cr.No. 126/2013 under sections 147, 341, 323, 294(b), 506(ii) IPC r/w 149,
dated 24-07-2013 of Reddiyarpalayam Police Station, Puducherry.
3. Cr.No. 22/2016 under sections 34 B(IX) of PP Act and 506(ii) IPC, dated
04-03-2016 of Reddiyarpalayam Police Station, Puducherry.
4. Cr.No. 85/2017 under sections 294(b), 323, 324, 506(ii) r/w 34 IPC, dated
17-06-2017 of Reddiyarpalayam Police Station, Puducherry.
5. Cr.No. 166/2017 under section 27(i) of Arms Act, 1959 and 506(ii) IPC,
dated 16-07-2017 of D’NagarPolice Station, Puducherry.
6. Cr.No. 264/2017 under section 27(1) of Arms Act and 506(ii) IPC, dated
29-10-2017 of Orleanpet Police Station, Puducherry.
4. The Petitioner stated that the Counter Petitioner is a rowdy element and
become a source of terror among the public. It is also stated that he has involved
in various offences by using aruval, knife and other dangerous weapons to attack
the victims. It is further stated that the Counter Petitioner is not a law abiding citizen
and he violated the conditions imposed by Criminal Courts and have scant respect
to the judiciary and rule of law.
5. It is also stated in the I.R that the Station House Officer have received
reliable information that the Counter Petitioner desperate and is in dire need of
money to maintain his group of rowdy elements and to meet expenses in connection
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with the trial in the pending criminal cases against him. The Counter Petitioner 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 upon him.
6. The Petitioner further submitted that if, 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, attempt to murder, Kidnapping,
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, Reddiyarpalayam 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.
7. 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 29-09-2021 to appear for the hearing on 07-10-2021 at
10.00 a.m. It was instructed to serve the notice to the Counter Petitioner through
the Station House Officer, Reddiyarpalayam Police Station, Puducherry. The notice
was received by the Counter Petitioner.
8. On 07-10.2021, the Petitioner Thiru P. Sivaprakassam, Sub-Inspector,
Reddiyarpalayam Police Station, Puducherry, and the Counter Petitioner were
present. The learned Counsel, Thiru V. Bimaraw, was present and represented on
behalf of the Counter Petitioner.
9. 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 Anbu @ Anburaj, 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 6 criminal cases were
registered against him in various Police Stations. I have also heard the oral
submissions of the Counsel for the Counter Petitioner. The learned Counsel for
Counter Petitioner has stated that the Petitioner has filed this false case with an
ulterior motive.
10. 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 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;
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3301
11. 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 Anbu @ Anburaj (27), son of Ariputhiri, a resident of No. 35,
Gundusalai , Boomiyanpet, Puducherry, from entering into the region under the
jurisdiction of the 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 07th day of October, 2021, pronounced in
the open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
————
online publication at “https://styandptg.py.gov.in”
Published by the Director, Government Press, Puducherry.