Registered No. PY/44/2021-23 Registered with the Registrar of Newspapers for India under No. 10410 Amflºƒˆ \VWÈ ∂´E>µ La Gazette de L' État de Poudouchéry The Gazette of Puducherry
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No. 296 Poudouchéry Jeudi 9 Décembre 2021 (18 Agrahayana 1943)
No. Puducherry Thursday 9th December 2021
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 290/2021 of I.R.No. 18/2021 under section 144 of Cr.P.C./2817
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer, Grand Bazaar Police Station,
Puducherry.
. . Petitioner
Vs
Thiru Bharath (27), S/o. Subramanian, No.09, A-Block, Anthoniar Koil Street, Govindasalai,
Puducherry.
. . Counter Petitioner
[ 3599]LA GAZETTE DE L'ETAT [ PART-I 3600 3600 This petition along with case sheet is filed by the Sub-Inspector of Police, Grand Bazaar Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against Thiru Bharath, 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 Bharath (27), son of Subramanian, a resident of No. 09, A-Block, Anthoniar Koil Street, Govindasalai, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case referred by the Station House Officer, Grand Bazaar Police Station, Puducherry, through the Superintendent of Police (East), Puducherry vide I.R.No. 18/2021 under section 144 of Cr.P.C., dated 25-09-2021. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime such as murder, attempt to murder, criminal intimidation, dacoity and disturbance to the public tranquility and order. The Counter Petitioner has created panic in the minds of local inhabitants and the business people in the town limits. It is also stated that he is leading lavish life with the money earned through illegal activities. 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. 08/2006 under section 324, 506(ii) IPC of Grand Bazaar Police Station, dated 10-01-2006 – Acquitted.
2. Cr.No. 301/2007 under sections 147, 148, 323, 307 r/w 149 IPC of Grand Bazaar Police Station, dated 10-07-2007 – Pending Trial.
3. Cr.No. 273/2009 under sections 147,148,323,307 r/w 149 IPC of Grand Bazaar Police Station, dated 01-05-2009 – Pending Trial.
4. Cr.No. 20/2010 under sections 324, 506(ii) IPC r/w 34 IPC of Grand Bazaar Police Station, dated 30-01-2010 – Pending Trial.
5. Cr.No. 416/2010 under sections 307,109 IPC r/w 34 IPC of Odiansalai Police Station, dated 25-10-2010 – Pending Trial.
6. Cr.No. 234/2011 under sections 147,148,452,302,307,109 IPC r/w 149 IPC of Mudaliarpet Police Station, dated 09-09-2011 – Pending Trial.
7. Cr.No. 233/2012 under sections 399,402 IPC of Grand Bazaar Police Station, dated 22-07-2012 – Pending Trial.
8. Cr.No. 341/2012 under sections 294,427, 506(ii) IPC, dated 15-12-2012 – Pending Trial.
9. Cr.No. 113/13 under sections 27 of Arms Act &34 B-IX of PP Act r/w 34 IPC of Lawspet Police Station, dated 11-07-2013 – Pending Trial.
10. Cr.No. 108/2019 under section 427 IPC, dated 03-08-2019 of Grand Bazaar Police Station – Pending Trial.
4. The Petitioner stated that the Counter Petitioner is a notorious rowdy element. It is also stated that the Counter Petitioner has involved in various offences by using aruval, knife to attack the victims and become a source of terror among the public. It is further stated that the Counter Petitioner is not a law abiding citizen and have scant respect to the judiciary and rule of law.
PART-I ] LA GAZETTE DE L'ETAT 36015. It is also stated in the I.R. that the Petitioner has 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, the Counter Petitioner is allowed to reside in Puducherry town limits, it is apprehended that he would continue to indulge in serious offences like murder, assault, 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, Grand Bazaar 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 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 07-10-2021 to appear for the hearing on 12-10-2021 at 10.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Grand Bazaar Police Station, Puducherry. The notice was received by the Counter Petitioner.
8. On 12-10-2021, the Station House Officer, Grand Bazaar Police Station, Puducherry and the Counter Petitioner were present. The Learned Counsel, Thiru S. Samuel Selvaraj 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 Bharath (27), are 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, obstructions and annoyance, unlawful activities and disturbance to the public peace and order. There are 10 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, 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, 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 Petitioner to prevent harm to life and properties of citizens and uphold public peace and order.
LA GAZETTE DE L'ETAT [ PART-I 3602 360211. Hence, I, M. Kandasamy, do hereby in the capacity of Subdivisional Magistrate (North), Puducherry, in exercise of the powers conferred under section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Bharath (27), son of Subramanian, a resident of No. 09, A-Block, Anthoniar Koil Street, Govindasalai, 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 12th 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. 291/2021 of I.R.No. 19/2021 under section 144 of Cr.P.C./2819
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Sub-Inspector of Police, Grand Bazaar Police Station, Puducherry.
. . Petitioner
Vs
Thiru Sathiya @ Thagudu Sathiya @ Steephenraj (29), S/o. John Louis, No. 26, C-Block, Government Quarters, Kumaraguru Pallam, Puducherry.
. . Counter Petitioner
This petition along with case sheet is filed by the Sub-Inspector of Police, Grand Bazaar Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against Thiru Sathiya @ Thagudu Sathiya @ Steephenraj, 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 Sathiya @ Thagudu Sathiya @ Steephenraj (29), son of John Louis, a resident of No. 26, C-Block, Government Quarters, Kumaraguru Pallam, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case referred by the Station House Officer, Grand Bazaar Police Station, Puducherry, through the Superintendent of Police (East), Puducherry vide I.R. No. 19/2021 underPART-I ] LA GAZETTE DE L'ETAT 3603 section 144 of Cr.P.C., dated 25-09-2021. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime such as murder, extortion, hurt, criminal intimidation, Arms Act cases and disturbance to the public tranquility and order. The Counter Petitioner has created panic in the minds of local inhabitants and the business people in the town limits. It is also stated that he is leading lavish life with the money earned through illegal activities.
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. 518/2011 under sections 387, 427 IPC r/w 34 IPC, dated 28-11-2011 of Grand Bazaar Police Station, Puducherry.
2. Cr. No. 553/2011 under sections 27 of Arms Act and 34 B(ix) of PP Act, dated 09-12-2011 of Grand Bazaar Police Station, Puducherry.
3. Cr.No. 169/2012 under sections 27 of Arms Act and 34 B(ix) of PP Act, dated 08-09-12 of Muthialpet Police Station, Puducherry.
4. Cr. No. 27/2013 under sections 302, 109 IPC r/w 34 IPC of Mettupalayam Police Station, Puducherry, dated 05-05-2013.
5. Cr.No. 198/2013 under section 188 IPC of Grand Bazaar Police Station, Puducherry, dated 11-09-2013.
6. Cr.No. 254/2013 under section 188 IPC of Grand Bazaar Police Station, Puducherry, dated 13-10-2013.
7. Cr.No. 28/2014 under sections 294(b) & 506(i) IPC of Grand Bazaar Police Station, Puducherry, dated 26-01-2014.
8. Cr.No. 196/2017 under sections 34 A1 of PP Act and 506(ii) IPC, dated 27-09-2017 of Grand Bazaar Police Station, Puducherry.
9. Cr.No. 135/2018 under sections 25(1-a) of Arms Act, 506(ii) IPC.
4. The Petitioner stated that the Counter Petitioner is a notorious rowdy element. It is also stated that the Counter Petitioner has involved in various offences by using aruval, knife to attack the victims and become a source of terror among the public. It is further stated that the Counter Petitioner is not a law abiding citizen and have scant respect to the judiciary and rule of law.
5. It is also stated in the I.R. that the Petitioner has 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, the Counter Petitioner is allowed to reside in Puducherry town limits, it is apprehended that he would continue to indulge in serious offences like murder, extortion, theft, assault, kidnapping, criminalLA GAZETTE DE L'ETAT [ PART-I 3604 3604 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, Grand Bazaar 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 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 07-10-2021 to appear for the hearing on 12-10-2021 at 10.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Grand Bazaar Police Station, Puducherry. The notice was received by the Counter Petitioner.
8. On 12-10-2021, the Station House Officer, Grand Bazaar Police Station, Puducherry, was present. The Counter Petitioner has 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 Sathiya @ Thagudu Sathiya @ Steephenraj (29), are 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 various Police Stations.
10. 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, 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 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 the powers conferred under section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Sathiya @ Thagudu Sathiya @ Steephenraj (29), son of John Louis, a resident of No. 26, C-Block, Government Quarters, Kumaraguru Pallam, 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 12th day of October, 2021, pronounced in the open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
PART-I ] LA GAZETTE DE L'ETAT 3605IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 295/2021, I.R.No. 102/2021 under section 144 of Cr.P.C./2845
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer, Thavalakuppam Police Station,
Puducherry.
. . Petitioner
Vs
Thiru Kumaraguru (20), S/o. Janakiraman,
No.63, Angalamman Koil Street,
Pudhu Nagar, Nallavadu, Thavalakuppam, Puducherry.
. . Counter Petitioner
This petition along with case sheet is filed by the Station House Officer, Thavalakuppam Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against Thiru Kumaraguru 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 Kumaraguru (20), son of Janakiraman, a resident of No. 63, Angalamman Koil Street, Pudhu Nagar, Nallavadu, Thavalakuppam, 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, through the Superintendent of Police (South), Puducherry vide I.R.No. 102/2021 under section 144 of Cr.P.C., dated 30-08-2021. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent up on indulging in crimes such as robbery, hurt 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. 273/2020 under section 34 B-IX of PP Act, of Thavalakuppam Police Station, Puducherry, dated 19-05-2021.
2. Cr.No. 04/2021 under sections 294(b), 506(ii) IPC r/w 34 IPC of Thavalakuppam Police Station, Puducherry, dated 10-01-2021.
3. Cr. No. 33/2021 under sections 341, 294(b) 506 (i) IPC r/w 34 IPC of Thavalakuppam Police Station, Puducherry, dated 08-04-2021.
LA GAZETTE DE L'ETAT [ PART-I 3606 36064. Cr. No. 45/2021 under section 395 IPC of Thavalakuppam Police Station, Puducherry, dated 06-05-2021.
5. IR. No. 56/2020 under section 107 Cr.P.C. of Thavalakuppam Police Station, Puducherry, dated 04-08-2020.
6. IR. No. 41/2021 under section 107 Cr.P.C. of Thavalakuppam Police Station, Puducherry, dated 10-03-2021.
4. The Petitioner further stated that the Counter Petitioner is not a law abiding citizen and he is a young and very active notorious rowdy element. 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. 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 further 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.
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, 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.
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 04-10-2021 to appear for the hearing on 18-10-2021. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Thavalakuppam Police Station, Puducherry. The notice for the Counter Petitioner was received by his sister, Parameswari. The service were held sufficient for the Counter Petitioner.
7. On 27-10-2021, the Petitioner Thiru E. Prabu, Sub-Inspector, Thavalakuppam 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 the Counter Petitioner are 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 6 criminal cases were registered against him in Thavalakuppam Police Station. I have also heard the oral submission of the Counter Petitioner. The Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.
PART-I ] LA GAZETTE DE L'ETAT 36079. Upon 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 the powers conferred under section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Kumaraguru (20), son of Janakiraman, a resident of No. 63, Angalamman Koil Street, Pudhu Nagar, Nallavadu, 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 27th 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. 296/2021, I.R.No. 103/2021 under section 144 of Cr.P.C./2849
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Thavalakuppam Police Station,
Puducherry.
. . Petitioner
Vs
Vishnu @ Blade Vishnu (19),
S/o. Balasubramanian,
No. 18, Nallavadu Road,
Thanampalayam,
Thavalakuppam, Puducherry.
. . Counter PetitionerLA GAZETTE DE L'ETAT [ PART-I 3608 3608 This petition along with case sheet is filed by the Station House Officer, Thavalakuppam Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against Thiru Vishnu @ Blade Vishnu 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 Vishnu @ Blade Vishnu (19), son of Balasubramanian, a resident of No. 18, Nallavadu Road, Thanampalayam, Thavalakuppam, 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, through the Superintendent of Police (South), Puducherry vide I.R.No. 103/2021 under section 144 of Cr.P.C., dated 30-08-2021. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent up on indulging in crimes such as robbery, hurt 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. 33/2021 under sections 341, 294(b) 506 (i) IPC r/w 34 IPC, dated 08-04-2021 of Thavalakuppam Police Station, Puducherry.
2. Cr. No. 45/2021 under section 395 IPC of Thavalakuppam Police Station, Puducherry, dated 06-05-2021.
4. The Petitioner further stated that the Counter Petitioner is not a law abiding citizen and he is a young and very active notorious rowdy element. 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. 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 further 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.
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, 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 36096. 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 04-10-2021 to appear for the hearing on 18-10-2021. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Thavalakuppam Police Station, Puducherry. The notice for the Counter Petitioner was received by his mother, Tmt. Savithri. The service was held sufficient for the Counter Petitioner.
7. On 27-10-2021, the Petitioner Thiru E. Prabu, Sub-Inspector, Thavalakuppam 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 the Counter Petitioner are 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 2 criminal cases were registered against him in Thavalakuppam Police Station. I have also heard the oral submission of the Counter Petitioner. The Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.
9. Upon 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 the powers conferred under section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Vishnu @ Blade Vishnu (19), son of Balasubramanian, a resident of No. 18, Nallavadu Road, Thanampalayam, 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 27th day of October, 2021, pronounced in the open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
LA GAZETTE DE L'ETAT [ PART-I 3610 3610IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 297/2021, I.R.No. 104/2021 under section 144 of Cr.P.C./2848
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer, Thavalakuppam Police Station, Puducherry.
. . Petitioner
Vs
Thiru Balaji (19),
S/o. Shanmugasundaram, No. 73, Pudhu Nagar, Thanampalayam, Thavalakuppam, Puducherry.
. . Counter Petitioner
This petition along with case sheet is filed by the Station House Officer, Thavalakuppam Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against Thiru Balaji 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 Balaji (19), son of Shanmugasundaram, a resident of No. 73, Pudhu Nagar, Thanampalayam, Thavalakuppam, 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, through the Superintendent of Police (South), Puducherry vide I.R.No. 104/2021 under section 144 of Cr.P.C., dated 30-08-2021. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crimes such as robbery, 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 case was registered against the Counter Petitioner.
1. Cr. No. 45/2021 under section 395 IPC of Thavalakuppam Police Station, Puducherry, dated 06-05-2021.
4. The Petitioner further stated that the Counter Petitioner is not a law abiding citizen and he is a young and very active notorious rowdy element. 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. It is also stated in the I.R. that thePART-I ] LA GAZETTE DE L'ETAT 3611 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 further 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.
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, 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.
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 04-10-2021 to appear for the hearing on 18-10-2021 and further hearing on 27-10-2021. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Thavalakuppam Police Station, Puducherry. The notice for the Counter Petitioner was received by his relative, Thiru Velmurugan. The service was held sufficient for the Counter Petitioner.
7. On 27-10-2021, the Petitioner Thiru E. Prabu, Sub-Inspector, Thavalakuppam Police Station, Puducherry and the Counter Petitioner was 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 the Counter Petitioner are 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 unlawful activities and disturbance to the public peace and order. There is one criminal case was registered against him in Thavalakuppam Police Station. I have also heard the oral submission of the Counter Petitioner. The Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.
9. Upon 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;
LA GAZETTE DE L'ETAT [ PART-I 3612 361210. Hence, I, Thiru M. Kandasamy, do hereby in the capacity of Subdivisional Magistrate (North), Puducherry, in exercise of the powers conferred under section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Balaji (19), son of Shanmugasundaram, a resident of No. 73, Pudhu Nagar, Thanampalayam, 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 27th day of October, 2021, pronounced in the open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
————
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Dated : 22-10-2021 Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 300/2021, I.R.No. 92/2021 under section 144 of Cr.P.C./2842
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Orleanpet Police Station,
Puducherry.
. . Petitioner
Vs
Thiru Akash (19),
S/o. Kumar,
No. 16, 4th Cross,
Murugan Koil Street, Orleanpet,
Puducherry.
. . Counter Petitioner
This petition along with case sheet is filed by the Station House Officer, Orleanpet Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against Thiru Akash 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 Akash (19), son of Kumar, a resident of No. 16, 4th Cross, Murugan Koil Street, Orleanpet, Puducherry.
PART-I ] LA GAZETTE DE L'ETAT 36133. The facts which led up to the petition are briefly as follows: The case submitted by the Station House Officer, Orleanpet Police Station, Puducherry, through the Superintendent of Police (East), Puducherry vide I.R.No. 92/2021 under section 144 of Cr.P.C., dated 06-10-2021. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and indulging in crimes such as murder and disturbance to the public tranquillity and order. The Counter Petitioner has created panic in the minds of local inhabitants and the business community in the city limit. It is also stated that he is leading lavish life with the money earned through extortion. As a result, the people of the locality being afraid of him do not come forward to lodge any complaint against him.
4. The Petitioner further submitted that, on 13-07-2021 at 16.30 hours one Thiru V. Damodaran, III Adittional District Judge, Puducherry, came to Station and lodged a complaint, in which he stated that on 13-07-2021 at about 11.00 hours at the case property room, Northern side of Court Complex, Integrated Court Complex, Puducherry, the accused persons (A1) Thiru Kumar @ Rajakumaran (28), son of Ragavan, a resident of No. 75, Mettu Street, Kuttiyankuppam, Thookkanampakkam Police Station, Cuddalore District, Tamil Nadu, (A2) Thiru Akash (19), son of Kumar, a resident of No. 16, 4th Cross, Murugan Koil Sreet, Orleanpet, Puducherry, (A3) Thiru Saran @ Sinna Saran (19), son of Dass @ Murthy, a resident of No. 523, 2nd Cross, Periyar Nagar, Nellithope, Puducherry, were joined together in furtherance of common intention trespassed into the Court Complex case property room and committed theft of one Pistol and knifes. In this connection, the Petitioner had stated that the following criminal case was registered against the Counter Petitioner.
1. Cr. No. 99/2021 under sections 454, 380 r/w 511 IPC, dated 13-07-2021 of Orleanpet Police Station, Puducherry.
5. It is also stated in the I.R. that the Station House Officer has received reliable information that the Counter Petitioner violated the conditions imposed by the Criminal Courts while he was released on bail and 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 case 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. It is stated that the Counter Petitioner is a young and very active and have become a source of terror among the public. And also, 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. It is further stated that the Counter Petitioner is not a law abiding person and have scant respect to the judiciary and rule of law.
6. 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 the 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, Orleanpet 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.
LA GAZETTE DE L'ETAT [ PART-I 3614 36147. 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 13-10-2021 to appear for the hearing on 20-10-2021 and further hearing on 22-10-2021. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Orleanpet Police Station, Puducherry. The notice was received by the Counter Petitioner.
8. On 22-10-2021, the Petitioner Thiru M. Manivannan, Assistant Sub-Inspector, Orleanpet 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 Akash (19) are 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 unlawful activities and disturbance to the public peace and order. There is one criminal case was registered against him in Orleanpet Police Station. I have also heard the submission 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, 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 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, Thiru M. Kandasamy, do hereby in the capacity of Subdivisional Magistrate (North), Puducherry, in exercise of the powers conferred under section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Akash (19), son of Kumar, a resident of No. 16, 4th Cross, Murugan Koil Street, Orleanpet, 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 22nd day of October, 2021, pronounced in the open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
PART-I ] LA GAZETTE DE L'ETAT 3615IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 307/2021, I.R.No. 117/2021 under section 144 of Cr.P.C./2839
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Sub-Inspector of Police, Lawspet Police Station, Puducherry.
. . Petitioner
Vs
Thiru Vinoth @ Mananna Vinoth (23), S/o. Veerappan, No. 55, Oothukattu Mariamman Koil Street, Chellaperumalpet, Lawspet, Puducherry.
. . Counter Petitioner
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 Vinoth @ Mananna Vinoth, 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 Vinoth @ Mananna Vinoth (23), son of Veerappan, a resident of No. 55, Oothukattu Mariamman Koil Street, Chellaperumalpet, Lawspet, Puducherry.
3. The facts which led upto the petition are briefly as follows: The case was referred by the Station House Officer, Lawspet Police Station with the recommendation of the Superintendent of Police (North), Puducherry vide I.R.No. 117/2021 under section 144 of Cr.P.C., dated 29-09-2021. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime such as murder, violence, dacoity, hurt, Arms Act, intimidation, assault, disturbance to the public tranquility and order. The Counter Petitioner has 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 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. 18/2015 under sections 399, 402 IPC of Lawspet Police Station, Puducherry-PT.
2. Cr.No. 156/2015 under sections 147, 148, 341, 449, 302 IPC r/w 149 IPC of Villianur Police Station, Puducherry-PT.
3. Cr.No. 104/2019 under sections Explosive Substances Act, 1908, r/w 34 IPC @ 147, 148, 436, 307 IPC r/w 149 IPC & 3, 5 of Explosive Substances Act, 1908-UI.
LA GAZETTE DE L'ETAT [ PART-I 3616 36164. It is also stated in the I.R. that the Petitioner has received reliable information that the Counter Petitioner are hatching plans to indulge in unlawful activities in the Lawspet limits and extort money by threatening. It is further stated in the I.R that the Counter Petitioners a 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.
5. The Petitioner further submitted that if, Counter Petitioner is allowed to reside in Lawspet limits, it is apprehended that he 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 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 13-10-2021 to appear for the hearing on 26-10-2021 at 10.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Lawspet Police Station, Puducherry. The notice for the Counter Petitioner was received by his brother, Thiru Balachandran. The service was held sufficient for the Counter Petitioner.
7. On 26-10-2021, the Station House Office represented by Thiru G. Thirumurugan, Sub-Inspector, Lawspet Police Station, Puducherry, the Counter Petitioner were present.
8. I have heard both the said 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 Vinoth @ Mananna Vinoth (23), are 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 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 pedrusal 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, 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 Petitioner to prevent harm to life and properties of citizens and uphold public peace and order;
PART-I ] LA GAZETTE DE L'ETAT 361710. Hence, I, M. Kandasamy, do hereby in the capacity of Subdivisional Magistrate (North), Puducherry, in exercise of the powers conferred under section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Vinoth @ Mananna Vinoth (23), son of Veerappan, a resident of No. 55, Oothukattu Mariamman Koil Street, Chellaperumalpet, 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 Petitioner may represent against this order before the undersigned by post or by Counsel.
At Puducherry, dated on this 26th 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. 308/2021, I.R.No. 118/2021 under section 144 of Cr.P.C./2838
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Sub-Inspector of Police,
Lawspet Police Station,
Puducherry.
. . Petitioner
Vs
Thiru Tamizhselvan @ Chandru (21),
S/o. Sagadevan,
No. 21/A.T. Block,
Government Quarters, Lawspet,
Puducherry.
. . Counter Petitioner
This petition along with case sheet is filed by the Station House Officer, represented by Thiru G. Thirumurugan, Sub-Inspector of Police, Lawspet Police Station, Puducherry, praying to pass order under section 144 of Cr.P.C., against Thiru Tamizhselvan @ Chandru 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 Tamizhselvan @ Chandru (21), son of Sagadevan, a resident of No. 21/A.T. Block, Government Quarters, Lawspet, Puducherry.
LA GAZETTE DE L'ETAT [ PART-I 3618 36183. The facts which led up to the petition are briefly as follows: The case referred by the Station House Officer, Lawspet Police Station, Puducherry, with the recommendation of the Superintendent of Police (North), Puducherry vide I.R.No. 118/2021 under section 144 of Cr.P.C., dated 30-09-2021. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime such as murder, hurt, violence, intimidation, assault, disturbance to the public tranquility and order. The Counter Petitioner has 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 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.
Sl. Crime No. Section FIR date Name of the Stage of Police station, the case No.
(1) (2) (3) (4) (5) (6)
1 105/2019 294(b), 324, 506(II) 10-10-2019 Lawspet Pending trial IPC r/w 34 IPC. Police Station,
Puducherry.
2 88/2019 120(b), 148, 341, 10-11-2019 Muthialpet Pending trial 324, 307, 302, Police Station, 109 IPC r/w 149 IPC Puducherry. and 3 of Explosive Substances Act, 1908.
4. It is also stated in the I.R. that the Station House Officer has received reliable information that the Counter Petitioner is hatching plans to indulge in unlawful activities in the Lawspet area and extort money from them by threatening. The Petitioner further stated that the Counter Petitioner was involved in Anbu Rajni murder case in Muthialpet and he has having close connection with other rowdy element, viz., Chozhan @ Chozharajan. It is further stated that the Counter Petitioner is a young and very active notorious rowdy element 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, Counter Petitioner is allowed to reside in Puducherry, it is apprehended that he 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 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 13-10-2021 to appear for the hearing on 26-10-2021. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Lawspet Police Station, Puducherry. The notice for the Counter Petitioner was received by his father, Thiru Sagadevan. The service was held sufficient for the Counter Petitioner.
PART-I ] LA GAZETTE DE L'ETAT 36197 . O n 2 6 - 1 0 - 2 0 2 1 , t h e St a t i o n H o u s e O ff i c e r, r e p r e s e n t e d b y Thiru G. Thirumurugan, Sub-Inspector of Police, Lawspet Police Station, Puducherry, were 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 Tamizhselvan @ Chandru (21), are in such a manner that he may cause breach of peace and create a problem of law and order, and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are two criminal cases registered against him in various Police Stations.
9. On perusal of the records submitted by the Petitioner and the recommendation of the Superintendent of Police (North), I am of the opinion that if, the Counter Petitioner is allowed to reside within the limits of my jurisdiction, Counter Petitioner will continue to indulge in and also motivate serious offences like murder, assault, 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 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 the powers conferred under section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Tamizhselvan @ Chandru (21), son of Sagadevan, a resident of No. 21/A.T. Block, Government Quarters, 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 Petitioner may represent against this order before the undersigned by post or by Counsel.
At Puducherry, dated on this 26th 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. 309/2021, I.R.No. 119/2021 under section 144 of Cr.P.C./2837
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Sub-Inspector of Police, Lawspet Police Station, Puducherry.
. . Petitioner
VsLA GAZETTE DE L'ETAT [ PART-I 3620 3620 Thiru Deva @ Devaraj (24), S/o. Perumal,
No. 2, Dr. Ramadass Street, Nerupukuzhi, Lawspet, Puducherry.
. . Counter Petitioner
This petition along with case sheet is filed by the Station House Officer, represented by Thiru G. Thirumurugan, Sub-Inspector of Police, Lawspet Police Station, Puducherry, praying to pass order under section 144 of Cr.P.C., against Thiru Deva @ Devaraj 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 Deva @ Devaraj (24), son of Perumal a resident of No. 2, Dr. Ramadass Street, Nerupukuzhi, Lawspet, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case referred by the Station House Officer, Lawspet Police Station, Puducherry with the recommendation of the Superintendent of Police (North), Puducherry vide I.R.No. 119/2021 under section 144 of Cr.P.C., dated 30-09-2021. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime such as murder, attempt to murder, dacoity, hurt, explosive cases, violence, intimidation, assault, disturbance to the public tranquility and order. The Counter Petitioner has 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 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. 11/2016, under sections 341, 307 IPC r/w 34 IPC of Lawspet Police Station, Puducherry – Pending Trial.
2. Cr.No. 33/2019, under sections 399, 402 IPC and 27 of Arms Act, 1959 @ 399, 402 IPC and 3 of Explosive Substance Act, 1908, dated 19-03-2019 of Lawspet Police Station, Puducherry – Under Investegation.
3. Cr.No. 294/2019 under sections 147, 148, 307, 302, 120(B), 352, 324, 326 r/w 149 of Vadalur Police Station, Tamil Nadu – Pending Trial.
4. It is further stated in the I.R. that the Counter Petitioner is having close contact with other rowdy elements, viz., Parthiban and Segar @ Methu Segar, who had murdered one Amaran, right hand of a history sheet holder of Lawspet Sundar @ Maduvupet Sundar. He is a young and very active notorious rowdy element 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, Counter Petitioner is allowed to reside in Puducherry, it is apprehended that he 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 underPART-I ] LA GAZETTE DE L'ETAT 3621 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 13-10-2021 to appear for the hearing on 26-10-2021 at 10.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Lawspet Police Station, Puducherry. The notice was received by the Counter Petitioner.
7 . O n 2 6 - 1 0 - 2 0 2 1 , t h e S t a t i o n H o u s e O f f i c e r, r e p r e s e n t e d b y Thiru G. Thirumurugan, Sub-Inspector of Police, Lawspet Police Station, Puducherry, were 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 Deva @ Devaraj (24), are 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 in various Police Stations.
9. On perusal of the records submitted by the Petitioner and the recommendation of the Superintendent of Police (North), I am of the opinion that if, the Counter Petitioner is allowed to reside within the limits of my jurisdiction, Counter Petitioner will continue to indulge in and also motivate serious offences like murder, assault, 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 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 the powers conferred under section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Deva @ Devaraj (24), son of Perumal, a resident of No. 2, Dr. Ramadass Street, Nerupukuzhi, 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 Petitioner may represent against this order before the undersigned by post or by Counsel.
At Puducherry, dated on this 26th day of October, 2021, pronounced in the open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
LA GAZETTE DE L'ETAT [ PART-I 3622 3622IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 310/2021, I.R.No. 120/2021 under section 144 of Cr.P.C./2840
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Sub-Inspector of Police,
Lawspet Police Station,
Puducherry.
. . Petitioner
Vs
Thiru Mohanraj (23),
S/o. Selvam,
Ponniamman Koil Street,
Karuvadikuppam, Lawspet,
Puducherry.
. . Counter Petitioner
This petition along with case sheet is filed by the Station House Officer, Lawspet Police Station, Puducherry, praying to pass order under section 144 of Cr.P.C., against Thiru Mohanraj 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 Mohanraj (23), son of Selvam, a resident of Ponniamman Koil Street, Karuvadikuppam, Lawspet, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
referred by the Station House Officer, Lawspet Police Station, Puducherry, with the recommendation of the Superintendent of Police (North), Puducherry vide I.R.No. 120/2021 under section 144 of Cr.P.C., dated 01-10-2021. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime such as murder, attempt to murder, violence, intimidation, assault, disturbance to the public tranquility and order. The Counter Petitioner has 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 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. 65/2018, under sections 147, 148, 326, 307 IPC r/w 149 IPC of Muthialpet Police Station, Puducherry.
2. Cr.No. 294/2019, under sections 147, 148, 307, 302, 120(B), 352, 324, 326 r/w 149 of Vadalur Police Station, Tamil Nadu.
PART-I ] LA GAZETTE DE L'ETAT 36234. It is further stated in the I.R. that the Counter Petitioner is having close contact with other rowdy elements viz., Parthiban and Segar @ Methu Segar, who had murdered one Amaran, right hand of a history sheet holder of Lawspet Sundar @ Maduvupet Sundar. He is a young and very active notorious rowdy element 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, Counter Petitioner is allowed to reside in Puducherry, it is apprehended that he 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 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 13-10-2021 to appear for the hearing on 26-10-2021 at 10.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Lawspet Police Station, Puducherry. The notice was received by the Counter Petitioner.
7 . O n 2 6 - 1 0 - 2 0 2 1 , t h e S t a t i o n H o u s e O f f i c e r, r e p r e s e n t e d b y Thiru G. Thirumurugan, Sub-Inspector of Police, Lawspet Police Station, Puducherry, were 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 Mohanraj (23), are in such a manner that he may cause breach of peace and create a problem of law and order, and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 2 criminal cases registered against him in various Police Stations.
9. On perusal of the records submitted by the Petitioner and the recommendation of the Superintendent of Police (North), I am of the opinion that if, the Counter Petitioner is allowed to reside within the limits of my jurisdiction, Counter Petitioner will continue to indulge in and also motivate serious offences like murder, assault, 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 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 the powers conferred under section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the CounterLA GAZETTE DE L'ETAT [ PART-I 3624 3624 Petitioner Thiru Mohanraj (23), son of Selvam, a resident of Ponniamman Koil Street, 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 Petitioner may represent against this order before the undersigned by post or by Counsel.
At Puducherry, dated on this 26th 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. 318/2021, I.R.No. 113/2021 under section 144 of Cr.P.C./2844
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer, Thavalakuppam Police Station, Puducherry.
. . Petitioner
Vs
Thiru Praveen (24), S/o. Murugaiyan, No. 50, South Street, Pooranankuppam, Thavalakuppam, Puducherry.
. . Counter Petitioner
This petition along with case sheet is filed by the Station House Officer, Thiru E. Prabu, Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry, praying to pass order 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, Thavalakuppam, 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. 113/2021 under section 144 of Cr.P.C., dated 01-10-2021. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime such as murder by using deadly weapons. It is also stated that the Counter Petitioner have created panic in the minds of local inhabitants and hePART-I ] LA GAZETTE DE L'ETAT 3625 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, 323, 324 IPC r/w 149 IPC, dated 01-01-2021of Thavalakuppam Police Station, Puducherry.
2. IR. No. 82/2021, under section 144 of Cr.P.C., dated 12-06-2021.
4. The Petitioner further stated that the Counter Petitioner is not a law abiding citizen and he is a young and very active notorious rowdy element. 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. It is also stated in the I.R. that the Station House Officer have 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 further 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.
5. The Petitioner further submitted that if, Counter Petitioner 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.
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 13-10-2021 to appear for the hearing on 27-10-2021. 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 26-10-2021, the Petitioner Thiru E. Prabu, Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry, and the Counter Petitioner were present. The Learned Counsel, Thiru D. Pushparaj 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 the Counter Petitioner are in such a manner that he may cause breach of peace and create a problem of law and order, and publicLA GAZETTE DE L'ETAT [ PART-I 3626 3626 tranquility. He has involved in crimes such as attempt to murder, assault, unlawful activities and disturbance to the public peace and order. There are two criminal cases were registered against him in Thavalakuppam Police Stations. I have also heard the oral Submission 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. Upon 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, M. Kandasamy, do hereby in the capacity of Subdivisional Magistrate (North), Puducherry, in exercise of the powers conferred under section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Praveen (24), son of Murugaiyan, a resident of No. 50, South Street, Pooranankuppam, 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 this 27th 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. 319/2021, I.R.No. 114/2021 under section 144 of Cr.P.C./2850
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Thavalakuppam Police Station, Puducherry.
. . Petitioner
VsPART-I ] LA GAZETTE DE L'ETAT 3627 Thiru Arunachalam @ Arun (24),
S/o. Arumugam,
No. 42, Throwpathiamman Koil Street,
Pooranankuppam, Thavalakuppam,
Puducherry.
. . Counter Petitioner
This petition along with case sheet is filed by the Station House Officer, Thiru E. Prabu, Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry, praying to pass order under section 144 of Cr.P.C., against Thiru Arunachalam @ Arun 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 Arunachalam @ Arun (24), son of Arumugam, a resident of No. 42, Throwpathiamman Koil Street, Pooranankuppam, Thavalakuppam, 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. 114/2021 under section 144 of Cr.P.C., dated 01-10-2021. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime such as murder, hurt by using deadly weapons. It is also stated that the Counter Petitioner have 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. 347/2020, under sections 294(b), 323, 506 (i) IPC r/w 34 IPC, dated 14-10-2020 of Thavalakuppam Police Station, Puducherry.
2. Cr. No. 02/2021, under sections 143, 148, 307, 323, 324 IPC r/w 149 IPC, dated 01-01-2021of Thavalakuppam Police Station, Puducherry.
3. IR. No. 79/2021, under section 144 of Cr.P.C., dated 11-06-2021.
4. The Petitioner further stated that the Counter Petitioner is not a law abiding citizen and he is a young and very active notorious rowdy element. 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. It is also stated in the I.R. that the Station House Officer have 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 further 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.
LA GAZETTE DE L'ETAT [ PART-I 3628 36285. The Petitioner further submitted that if, the Counter Petitioner 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.
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 13-10-2021 to appear for the hearing on 27-10-2021.
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 27-10-2021, the Petitioner Thiru E. Prabu, Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry, and the Counter Petitioner were present. The Learned Counsel, Thiru D. Pushparaj 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 the Counter Petitioner are 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 attempt to murder, assault, unlawful activities and disturbance to the public peace and order. There are 3 criminal cases were registered against him in Thavalakuppam Police Stations. I have also heard the oral Submission 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. Upon 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, M. Kandasamy, do hereby in the capacity of Subdivisional Magistrate (North), Puducherry, in exercise of the powers conferred under section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Arunachalam @ Arun (24), son of Arumugam, a resident of No. 42, Throwpathiamman Koil Street, Pooranankuppam, Thavalakuppam, Puducherry, from entering into the region under the jurisdiction of the Subdivisional Magistrate CourtPART-I ] LA GAZETTE DE L'ETAT 3629 (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 27th 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. 320/2021, I.R.No. 115/2021 under section 144 of Cr.P.C./2843
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Thavalakuppam Police Station,
Puducherry.
. . Petitioner
Vs
Thiru Raju @ Raji (29),
S/o. Pazhani,
No. 10, North Street,
Pooranankuppam, Thavalakuppam,
Puducherry.
. . Counter Petitioner
This petition along with case sheet is filed by the Station House Officer, Thiru E. Prabu, Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry, praying to pass order under section 144 of Cr.P.C., against Thiru Raju @ Raji 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 Raju @ Raji (29), son of Pazhani, a resident of No. 10, North Street, Pooranankuppam, Thavalakuppam, 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 through the Superintendent of Police (South), Puducherry vide I.R.No. 115/2021 under section 144 of Cr.P.C., dated 02-10-2021. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime such as murder, hurt by using deadly weapons. It is also stated that the Counter Petitioner have 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 theLA GAZETTE DE L'ETAT [ PART-I 3630 3630 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. 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 r/w 149 IPC and 3 of Explosive Substances Act, 1908, 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, 323, 324 IPC r/w 149, dated 01-01-2021 of Thavalakuppam Police Station, Puducherry.
6. IR. No. 27/2015, under section 110 Cr.P.C., dated 11-11-2015.
7. IR. No. 39/2019, under section 150 @ 107 Cr.P.C., dated 21-11-2019.
8. IR. No. 49/2020, under section 150 @ 107 Cr.P.C., dated 22-06-2020.
9. IR. No. 83/2021, under section 144 Cr.P.C., dated 13-06-2021.
4. The Petitioner further stated that the Counter Petitioner is not a law abiding citizen and he is a young and very active notorious rowdy element. 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. It is also stated in the I.R. that the Station House Officer have 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 further 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.
5. The Petitioner further submitted that if, the Counter Petitioner 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 36316. 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 13-10-2021 to appear for the hearing on 27-10-2021.
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 27-10-2021, the Petitioner Thiru E. Prabu, Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry, and the Counter Petitioner were present. The Learned Counsel, Thiru D. Pushparaj 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 the Counter Petitioner are 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 Thavalakuppam Police Stations. I have also heard the oral Submission 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. Upon 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, M. Kandasamy, do hereby in the capacity of Subdivisional Magistrate (North), Puducherry, in exercise of the powers conferred under section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Raju @ Raji (29), son of Pazhani, a resident of No. 10, North Street, Pooranankuppam, 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 this 27th day of October, 2021, pronounced in the open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
LA GAZETTE DE L'ETAT [ PART-I 3632 3632IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 321/2021, I.R.No. 116/2021 under section 144 of Cr.P.C./2847
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer, Thavalakuppam Police Station, Puducherry.
. . Petitioner
Vs
Thiru Sabarinathan @ Sabari (22), S/o. Sakthivel, No. 48, Angalamman Koil Street, Pooranankuppam, Puducherry.
. . Counter Petitioner
This petition along with case sheet is filed by the Station House Officer, Thiru E. Prabu, Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry, praying to pass order under section 144 of Cr.P.C., against Thiru Sabarinathan @ Sabari 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 Sabarinathan @ Sabari (22), son of Sakthivel, a resident of No. 48, Angalamman Koil 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 through the Superintendent of Police (South), Puducherry vide I.R.No. 116/2021 under section 144 of Cr.P.C., dated 02-10-2021. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime such as murder, hurt by using deadly weapons. It is also stated that the Counter Petitioner have 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, 323, 324 IPC r/w 149 IPC, dated 01-01-2021of Thavalakuppam Police Station, Puducherry.
2. IR. No. 80/2021, under section 144 Cr.P.C., dated 11-06-2021.
4. The Petitioner further stated that the Counter Petitioner is not a law abiding citizen and he is a young and very active notorious rowdy element. It is also stated that he has involved in various offences by using aruval, knife to attackPART-I ] LA GAZETTE DE L'ETAT 3633 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 further 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.
5. The Petitioner further submitted that if, the Counter Petitioner 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.
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 13-10-2021 to appear for the hearing on 27-10-2021. 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 27-10-2021, the Petitioner Thiru E. Prabu, Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry, and the Counter Petitioner were present. The Learned Counsel, Thiru D. Pushparaj 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 the Counter Petitioner are in such a manner that he may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are two criminal cases were registered against him in Thavalakuppam Police Stations. I have also heard the oral Submission 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. Upon 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 lawLA GAZETTE DE L'ETAT [ PART-I 3634 3634 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 the powers conferred under section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Sabarinathan @ Sabari (22), son of Sakthivel, a resident of No. 48, Angalamman Koil 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 this 27th 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. 322/2021, I.R.No. 117/2021 under section 144 of Cr.P.C./2846
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer, Thavalakuppam Police Station, Puducherry.
. . Petitioner
Vs
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 E. Prabu, Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry, praying to pass order 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.
2. The Counter Petitioner is Thiru Ravindar @ Ravi (21), son of Vazhumuni, a resident of Kamaraj Salai, Pooranankuppam, Puducherry.
PART-I ] LA GAZETTE DE L'ETAT 36353. The facts which led up to the petition are briefly as follows: The case submitted by the Station House Officer, Thavalakuppam Police Station, Puducherry, through the Superintendent of Police (South), Puducherry vide I.R.No. 117/2021 under section 144 of Cr.P.C., dated 03-10-2021. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime such as murder, by using deadly weapons. It is also stated that the Counter Petitioner have 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, 323, 324 IPC r/w 149 IPC, dated 01-01-2021of Thavalakuppam Police Station, Puducherry.
2. Cr. No. 02/2020, under sections 34 B IX of PP Act, dated 04-01-2020 of Thavalakuppam Police Station, Puducherry.
3. IR. No. 81/2021, under section 144 Cr.P.C., dated 12-06-2021.
4. The Petitioner further stated that the Counter Petitioner is not a law abiding citizen and he is a young and very active notorious rowdy element. 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. 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 further 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.
5. The Petitioner further submitted that if, the Counter Petitioner 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.
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 13-10-2021 to appear for the hearing on 27-10-2021. 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.
LA GAZETTE DE L'ETAT [ PART-I 3636 36367. On 27-10-2021, the Petitioner Thiru E. Prabu, Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry, and the Counter Petitioner were present. The Learned Counsel, Thiru D. Pushparaj 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 the Counter Petitioner are 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 Thavalakuppam Police Stations. I have also heard the oral Submission 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. Upon 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, M. Kandasamy, do hereby in the capacity of Subdivisional Magistrate (North), Puducherry, in exercise of the powers conferred under 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 this 27th 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. 323/2021 of I.R. No. 61/2021 under section 144 of Cr.P.C./2818
ORDER
(UNDER SECTION 144 OF Cr. P.C.)
State Represented by the Station House Officer, Odiansalai Police Station, Puducherry.
. . PetitionerPART-I ] LA GAZETTE DE L'ETAT 3637 Vs
Thiru Sudhagar (33),
S/o. Chandran,
No. 42, Ellaiamman Koil Thoppu,
Vanarapet,
Puducherry.
. . Counter Petitioner
This petition along with case sheet is filed by Station House Officer, Thiru B. M. Manoj, Inspector of Police, Odiansalai Police Station, Puducherry, praying to pass orders under section 144 of Cr. P.C., against Thiru Sudhagar 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 Sudhagar (33), s/o. Chandran, a resident of No. 42, Ellaiamman Koil Thoppu, Vanarapet, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
submitted by the Station House Officer, Odiansalai Police Station, Puducherry, through the Superintendent of Police (East), Puducherry vide I.R. No. 61/2021 under section 144 of Cr.P.C., dated 29-09-2021. Therein, it has been stated that the Counter Petitioner has indulging in crime such as murder, robbery, hurt extortion, kattapanchayat and disturbance to the public tranquillity and order. And also, he is having close contact with life convict persons i.e., Mani @ Murder Manikandan, Karnu and Prem @ Premkumar. The Counter Petitioner has created panic in the minds of local inhabitants. As a result the people of the locality being afraid of him, do not come forward to lodge any complaint against him. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.
Sl. Crime No. Section and FIR date Stage of
No. Police Station the case
(1) (2)
(3)
(4) (5)
1 168/2007 341, 323 r/w 34 IPC 19-05-2009 Acquitted
2 254/2007 147, 148, 336, 427, 506(i) r/w 149 IPC 15-09-2007 Pending Trial 3 150/2008 143, 307 and 3 of Explosive Substance 13-08-2008 Pending Trial Act, r/w 149 IPC.
4 130/2007 324, 294, 506(i) r/w 34 IPC 10-05-2007 Acquitted
5 8/2008 324 r/w 34 IPC 15-01-2008 Acquitted
6 32/2008 307 r/w 34 IPC of Police Station 17-02-2008 Pending Trial Mudaliarpet.
7 77/2009 27 of Arms Act and 506(ii) IPC 17-02-2009 Acquitted
8 82/2008 326, 323, 506(ii) IPC r/w 34 IPC 04-05-2008 Acquittal
9 122/2008 326, 324, 506(ii) r/w 34 IPC 03-07-2008 Acquittal
10 212/2009 294, 323, 324, 427, 506(ii) r/w 34 IPC 10-05-2009 Pending TrialLA GAZETTE DE L'ETAT [ PART-I 3638 3638 (1) (2)
(3)
(4) (5)
11 311/2009 452, 427, 506 (ii) r/w 34 IPC 04-07-2009 Pending Trial 12 140/2009 Man Missing @ 302 IPC r/w 149 IPC 08-08-2009 Under
of Rediyarpalyam @ Investigation
13 7/2010 34 BIX of PP Act 11-01-2010 Pending Trial 14 234/2011 147, 148, 302, 307, 452, 109 r/w 149 IPC,10-09-2011 Pending Trial Police Station, Mudaliarpet.
15 01/2012 399, 402 IPC 02-01-2012 Acquitted
16 61/2012 399, 402 IPC 19-03-2012 Pending Trial 17 91/2012 147, 148, 341, 332, 333, 302, 307, 10-08-2012 Under
Investigation
109 IPC and 3 of Explosive Act, r/w 149 IPC and Section 3 of PDPP Act, 1984 of Thavalakuppam Police Station.
18 128/2015 399, 402, 188 IPC of D- Nagar Police 23-06-2015 Under
Station.
Investigation
19 30/2008 107 Cr. P.C. 20-02-2008 Discharged
20 275/2007 107 Cr. P.C. 14-10-2007 Discharged
21 134/2009 110 Cr. P.C. 20-03-2009 Pending Trial 22 531/2009 110 Cr. P.C. 05-12-2009 Pending Trial 23 32/2010 110 Cr. P.C. 24-01-2010 Pending Trial 24 272/2010 151 @ 107 Cr. P.C. 27-06-2010 Discharged
25 286/2010 151 Cr. P.C. 04-07-2010 A.D.
26 84/2011 151 @ 110 Cr. P.C. 17-03-2011 Pending Trial 27 144/2014 144 Cr. P.C. 23-12-2014 Discharged
28 17/2015 144 Cr. P.C. 03-04-2015 Discharged
29 09/2016 144 Cr. P.C. 13-02-2016 Discharged
30 45/2019 144 Cr. P.C 12-03-2019 Discharged
31 19/2020 107 Cr. P.C. 30-11-2020 Discharged
32 33/2021 144 @ 110 Cr. P.C. 22-03-2021 Pending
4. It is also stated in the I.R. that the Station House Officer has received reliable information that the Counter Petitioner violated the conditions imposed by the Criminal Courts while he was released on bail and 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. The Counter Petitioner is extorting money from the traders and he was collecting mamool through his associates from the shop keepers in that areas. And also, he is having colse contact with other rowdy elements and enmity with the associates of deceasedPART-I ] LA GAZETTE DE L'ETAT 3639 Jegan @ Jeyakrishnan who was murder by the Counter Petitioner along with his associates. 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.
5. It is also stated in the additional report, dated 28-10-2021 that the Station House Officer has received reliable information that the Counter Petitioner and his associates are gathered at burial ground, Deburayapet and sworned and took oath that they will take revenge killing on the persons responsible for murder of Bomb Ravi @ Sathish whether they are in jail or outside.
6. The Station House Officer, Odiansalai 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.
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 13-10-2021 to appear for the hearing on 28-10-2021. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Odiansalai Police Station, Puducherry. The notice was received by the Counter Petitioner.
8. On 28-10-2021, the Petitioner by Thiru B.M. Manoj, Inspector of Ploice, Odiansalai Police Station and the Counter Petitioner were present. The Learned Counsel, Thiru V. Raman, 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 Sudhagar (33) are 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, attempt to murder, explosive cases, hurt, assault, unlawful activities and disturbance to the public peace and order. There are 32 criminal cases were registered against him in various Police Stations. I have also heard the submission of the Counsel of the Counter Petitioner. The learned counsel for the Counter Petitioner. The Learned Counsel for the Counter Petitioner has filed this false case with an ulterior motive.
10. Up on hearing both sides arid 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, 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;
11. Hence, I, M. Kandasamy, do hereby, in the capacity of Subdivisional Magistrate (North), Puducherry in exercise of the powers conferred under section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Sudhagar (33), s/o. Chandran, a resident ofLA GAZETTE DE L'ETAT [ PART-I 3640 3640 No. 42, Ellaiamman Koil Thoppu, Vanarapet, Puducherry, from entering into the region under the jurisdiction of the Subdivisional Magistrate Court (North) for a period of two months from the date of this order or till any further orders are passed by the Competent Authority revoking this prohibition as per law, whichever is earlier except when you are summoned to attend the cases in any of the Courts in Puducherry. However, the Counter Petitioner may represent against this order before the undersigned by post or by Counsel.
At Puducherry, dated on this 28th day of 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. 324/2021 of I.R. No. 65/2021 under section 144 of Cr.P.C./2851
ORDER
(UNDER SECTION 144 OF Cr. P.C.)
State Represented by the Sub-Inspector of Police, Odiansalai Police Station, Puducherry.
. . Petitioner
Vs
Thiru Raja @ Pokkaraja (31), S/o. Muniappan, No. 03, Kolathar Thoppu, Vandrapet, Puducherry.
. . Counter Petitioner
This petition along with case sheet is filed by Sub-Inspector of Police, Thiru A. Thamizharasan, Odiansalai Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against Thiru Raja @ Pokkaraja 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 Raja @ Pokkaraja (31), s/o.
Muniappan, a resident of No. 03, Kolathar Thoppu, Vanarapet, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case submitted by the Station House Officer, Odiansalai Police Station, Puducherry, through the Superintendent of Police (East), Puducherry vide I.R. No. 65/2021 under section 144 of Cr.P.C., dated 04-10-2021. Therein, it has been stated that the Counter Petitioner has indulging in crime such as murder, attempt to murder, extortion, kattapanchayat, explosive cases and disturbance to the public tranquility and order.
The Counter Petitioner has created panic in the minds of local inhabitants.
As a result the people of the locality being afraid of him do not come forward to lodge any complaint against him. 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 3641Sl. Crime No. Section Name of the Stage of
No.
Police station the case
(1) (2)
(3)
(4) (5)
1 150/2008 143, 307 r/w 149 IPC of Explosive Odiansalai Acquitted
Substance Act.
2 212/2009 294, 323, 324, 506(2) r/w 34 IPC Odiansalai Acquitted
3 339/2009 6 of POPPD Act Odiansalai Conviction
4 58/2011 151 @ 107 Cr.P.C. Odiansalai Discharged
5 165/2011 27 of Arms Act and 34 BIX of PP Act Odiansalai Acquitted
6 435/2011 27 of Arms Act and 34 BIX of PP Act Odiansalai Acquitted
7 51/2012 27 of Arms Act and 34 BIX of PP Act Odiansalai Acquitted
8 128/2012 399, 402 IPC Odiansalai Acquitted
9 91/2012 147, 148, 332, 333, 302, 307, 109 IPC Thavalakuppam Acquitted
and 3 of Explosive Act and 3 of
PDPP Act, r/w 149 IPC.
10 89/2016 188 IPC Odiansalai Convicted
11 07/2018 341, 294(b), 323, 506(II) IPC Odiansalai Acquitted
12 151/2018 34 B IX of PP Act Odiansalai Convicted
4. It is also stated in the I.R. that the Station House Officer has received reliable information that the Counter Petitioner 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. The Counter Petitioner is planning to extort money from the traders and he was collecting mamool through his associates from the shop keepers in that areas. And also, he is having close contact with other rowdy elements and enmity with the associates of deceased Jegan @ Jeyakrishnan who was murder by the Counter Petitioner along with his associates. 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.
5. It is also stated in the additional report dated 28-10-2021 that the Station House Officer has received reliable information that the Counter Petitioner and his associates gathered at the burial ground, Deburayapet and sworned and took oath that they will take revenge killing on the persons responsible for the murder of Bomb Ravi @ Sathish whether they are in jail or outside.
6. Further, The Station House Officer, Odiansalai 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.
LA GAZETTE DE L'ETAT [ PART-I 3642 36427. 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 13-10-2021 to appear for the hearing on 28-10-2021.
It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Odiansalai Police Station, Puducherry. The notice was received by the Counter Petitioner.
8. On 28-10-2021, the Station House Officer by Thiru B.M. Manoj, Inspector of Ploice, Odiansalai Police Station, Puducherry and the Counter Petitioner. The Learned Counsel, Thiru S. Hemachandran, 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 Raja @ Pokkaraja (31) are 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, attempt to murder, explosive cases, assault, unlawful activities and disturbance to the public peace and order. There are 12 criminal cases were registered against him in various Police Stations. I have also heard the submission of the Counsel of the Counter Petitioner.
The Learned Counsel for the Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.
10. Petitioner, 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 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 the powers conferred under section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Raja @ Pokkaraja (31), s/o. Muniappan, a resident of No. 03, Kolathar Thoppu, Vanarapet, Puducherry, from entering into the region under the jurisdiction of the Subdivisional Magistrate Court (North) for a period of two months from the date of this order or till any further orders are passed by the Competent Authority revoking this prohibition as per law, whichever is earlier except when you are summoned to attend the cases in any of the Courts in Puducherry.
However, the Counter Petitioner may represent against this order before the undersigned by post or by Counsel.
At Puducherry, dated on this 28th day of October, 2021, pronounced in the open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
PART-I ] LA GAZETTE DE L'ETAT 3643IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 325/2021, I.R.No. 93/2021 under section 144 of Cr.P.C./2841
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Orleanpet Police Station,
Puducherry.
. . Petitioner
Vs
Thiru Saran @ Sinna Saran (19),
S/o. Dass @ Murthy,
No. 523, 2nd Cross,
Periyar Nagar, Nellithope,
Puducherry.
. . Counter Petitioner
This petition along with case sheet is filed by the Station House Officer, Orleanpet Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against Thiru Saran @ Sinna Saran 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 Saran @ Sinna Saran (19), son of Dass @ Murthy, a resident of No. 523, 2nd Cross, Periyar Nagar, Nellithope, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
submitted by the Station House Officer, Orleanpet Police Station, Puducherry, through the Superintendent of Police (East), Puducherry vide I.R.No. 93/2021 under section 144 of Cr.P.C., dated 07-10-2021. Therein, it has been stated that the Counter Petitioner have formed a gang of rowdies and indulging in crimes such as murder and disturbance to the public tranquillity and order. The Counter Petitioner has created panic in the minds of local inhabitants and the business community in the city limit. It is also stated that he is leading lavish life with the money earned through extortion. As a result the people of the locality being afraid of him do not come forward to lodge any complaint against him.
4. The Petitioner further submitted that, on 13-07-2021 at 16.30 hours one Thiru V. Damodaran, III Adittional District Judge, Puducherry came to Station and lodged a complaint, in which he stated that on 13-07-2021 at about 11.00 hours at the case property room, Northern side of Court Complex, Integrated Court Complex, Puducherry, the accused persons (A1) Thiru Kumar @ Rajakumaran (28), son of Ragavan, a resident of No. 75, Mettu Street, Kuttiyankuppam, Thookkanampakkam Post Office, Cuddalore District, Tamil Nadu, (A2) Thiru Akash (19), son of Kumar, a resident of No. 16, 4th Cross, Murugan Koil Sreet, Orleanpet, Puducherry, (A3) Thiru Saran @ Sinna Saran (19), son of Dass @ Murthy, a resident of No. 523, 2nd Cross, Periyar Nagar, Nellithope, Puducherry were joined together in furtheranceLA GAZETTE DE L'ETAT [ PART-I 3644 3644 of common intention trespassed into the Court complex case property room and committed theft of one pistol and knifes. In this connection, the Petitioner had stated that the following criminal case was registered against the Counter Petitioner.
1. Cr. No. 99/2021 under section 454, 380 r/w 511 IPC, dated 13-07-2021 of Orleanpet Police Station, Puducherry.
5. It is also stated in the I.R. that the Station House Officer has received reliable information that the Counter Petitioner violated the conditions imposed by the Criminal Courts while he was released on bail and 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. The Counter Petitioner is hatching plans to threaten the business people in the Puducherry urban area and extort money from them by threatening. It is stated that the Counter Petitioner is a young and very active and have become a source of terror among the public. And also, 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. It is further stated that the Counter Petitioner is not a law abiding person and have scant respect to the judiciary and rule of law.
6. The Petitioner further submitted that if, the Counter Petitioners 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 the 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, Orleanpet 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.
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 13-10-2021 to appear for the hearing on 20-10-2021 and further hearing on 22-10-2021. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Orleanpet Police Station, Puducherry. The notice was received by the Counter Petitioner.
8. On 22-10-2021, the Petitioner Thiru M. Manivannan, Assistant Sub-Inspector, Orleanpet 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 Saran @ Sinna Saran (19) are 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 unlawful activities and disturbance to the public peace and order. There is one criminal case were registered against him in Orleanpet Police Station. I have also heard the submission of the Counter Petitioner. The Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.
PART-I ] LA GAZETTE DE L'ETAT 364510. 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 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, Thiru M. Kandasamy, do hereby in the capacity of Subdivisional Magistrate (North), Puducherry, in exercise of the powers conferred under section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Saran @ Sinna Saran (19), son of Dass @ Murthy, a resident of No. 523, 2nd Cross, Periyar Nagar, Nellithope, 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 22th 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. 349/2021 of I.R. No. 56/2021 under section 144 of Cr.P.C./2820
ORDER
(UNDER SECTION 144 OF Cr. P.C.)
State Represented by the Station House Officer,
Odiansalai Police Station,
Puducherry.
. . Petitioner
Vs
Thiru Iyyappan (35),
S/o. Durairaju,
No. 09, Kolathar Thoppu,
Vandrapet, Puducherry.
. . Counter PetitionerLA GAZETTE DE L'ETAT [ PART-I 3646 3646 This petition along with case sheet is filed by Station House Officer, Thiru B. M. Manoj, Inspector of Police, Odiansalai Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against Thiru Iyyappan to prevent imminent danger to human lives and properties and disturbance to the public tranquility and order, in the jurisdiction of this Court.
2 . T h e C o u n t e r P e t i t i o n e r i s Thiru Iyyappan (35), s/ o . Durairaju, a resident of No. 09, Kolathar Thoppu, Vanarapet, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
submitted by the Station House Officer, Odiansalai Police Station, Puducherry, through the Superintendent of Police (East), Puducherry vide I.R. No. 56/2021 under section 144 of Cr.P.C., dated 26-09-2021. Therein, it has been stated that the Counter Petitioner has indulging in crime such as murder, robbery, hurt and disturbance to the public tranquility and order. And also, he is having close contact with life convict persons i.e., Thiru Mani @ Murder Manikandan, Karnu and Prem @ Premkumar. The Counter Petitioner has created panic in the minds of local inhabitants. As a result the people of the locality being afraid of him do not come forward to lodge any complaint against him. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.
Sl. Crime No. Section Name of the Stage of Police station the case No.
(1) (2)
(3)
(4) (5)
1 17/2007 341, 323, 324, r/w 34 IPC Odiansalai Acquitted
Police Station
2 159/2007 143, 336, 186, 506(ii) r/w 34 IPC Odiansalai Acquitted
and 34 D of PP Act. Police Station
3 339/2007 302, 308 r/w 34 IPC and 3 of Odiansalai Acquitted
Explosive Substance Act. Police Station
4 338/2007 147, 307 r/w 149 IPC and 3 of Odiansalai Acquitted
Explosive Substance Act. Police Station
5 150/2008 143, 307 r/w 149 IPC and 3 of Odiansalai Acquitted
Explosive Act. Police Station
6 234/2011 147, 148, 302, 307, 452, 109 r/w Mudaliarpet —
149 IPC. Police Station
7 280/2011 387 IPC Mudaliarpet Acquitted
Police Station
8 01/2012 399, 402 IPC Odiansalai Acquitted
Police Station
9 73/2012 27 of Arms Act and 34 BIX of Odiansalai Acquitted
PP Act. Police Station
10 128/2012 399, 402 IPC Odiansalai Acquitted
Police StationPART-I ] LA GAZETTE DE L'ETAT 3647 (1) (2)
(3)
(4) (5)
11 91/2012 147, 148, 341, 332, 333, 302, 307, Thavalakuppam Acquitted
109 IPC and 3 of Explosive Police Station Substances Act, 1908 r/w 149 IPC and Section 3 of Prevention of Damage to Public Properties Act, 1984.
12 49/2013 386, 109 IPC r/w 34 IPC Grand Bazar —
Police Station
13 128/2015 399, 402, 188 IPC D. Nagar —
Police Station
14 193/2016 143, 387 IPC and 109, 120 (b) IPC Odiansalai Pending Trial r/w 149 IPC. Police Station
15 229/2016 386, 507 IPC r/w 149 IPC Odiansalai —
Police Station
16 243/2007 107 Cr. P.C. Odiansalai Discharged
Police Station
17 56/2008 110 Cr. P.C. Odiansalai Discharged
Police Station
18 87/2008 151 @ 107 Cr. P.C. Odiansalai Discharged
Police Station
19 131/2009 110 Cr. P.C. Odiansalai Discharged
Police Station
20 83/2010 151 @ 110 Cr. P.C. Odiansalai Discharged
Police Station
21 272/2010 151 @ 107 Cr. P.C. Odiansalai Discharged
Police Station
22 70/2011 151 @ 110 Cr. P.C. Odiansalai Discharged
Police Station
23 97/2012 151 @ 110 Cr. P.C. Odiansalai Discharged
Police Station
24 147/2014 144 Cr. P.C. Odiansalai Discharged
Police Station
25 14/2015 144 Cr. P.C. Odiansalai Discharged
Police Station
26 15/2016 144 Cr. PC. Odiansalai Discharged
Police Station
27 56/2016 144 Cr. P.C. Odiansalai Discharged
Police Station
28 05/2018 144 Cr. P.C. Odiansalai Discharged
Police StationLA GAZETTE DE L'ETAT [ PART-I 3648 3648 (1) (2)
(3)
(4) (5)
29 62/2019 144 Cr. P.C. Odiansalai Discharged
Police Station
30 131/2019 144 Cr. P.C. Odiansalai Discharged
Police Station
4. It is also stated in the I.R. that the Station House Officer has received reliable information that the Counter Petitioner violated the conditions imposed by the Criminal Courts while he was released on bail and 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. The Counter Petitioner is hatching plans to threaten the business people in the Puducherry urban area and extort money from them by threatening and he was collecting mamool through his associates from the shop keepers in that areas. And also, he is having close contact with other rowdy elements and enmity with the associates of deceased Jegan @ Jeyakrishnan who was murder by the Counter Petitioner along with his associates. 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.
5. It is also stated in the additional report dated 28-10-2021 that the Station House Officer has received reliable information that the Counter Petitioner and his associates are gathered at burial ground, Deburayapet and sworned and took oath that they will take revenge killing on the persons responsible for the murder of Bomb Ravi @ Sathish whether they are in jail or outside.
6. The Petitioner further submitted that, if, the Counter Petitioner is allowed to reside in the Village, it is apprehended that he would continue to indulge in serious offences like riot, criminal intimidation, criminal trespass, affray, assault, obstructions and annoyance, danger to the human life and properties, and thereby emerged as a perennial source of threat to the community and disturb public peace and tranquility. Hence, the Station House Officer, Odiansalai 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.
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 26-10-2021 to appear for the hearing on 28-10-2021. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Odiansalai Police Station, Puducherry. The notice was received by the Counter Petitioner.
8. On 28-10-2021, the Petitioner by Thiru B.M. Manoj, Inspector of Ploice, Odiansalai 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.
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 Iyyappan (35) are in such a manner that they may cause breach of peace and create a problem of law and order andPART-I ] LA GAZETTE DE L'ETAT 3649 public tranquility. He has involved in crimes such as murder, attempt to murder, explosive cases, assault, unlawful activities and disturbance to the public peace and order. There are 30 criminal cases were registered against him in various Police Stations. I have also heard the submission of the Counsel of the Counter Petitioner. The Learned Counsel for 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, 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;
11. Hence, I, M. Kandasamy, do hereby, in the capacity of Subdivisional Magistrate (North), Puducherry in exercise of the powers conferred under section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Iyyappan (35), s/o. Durairaju, a resident of No. 09, Kolathar Thoppu, Vanarapet, Puducherry, from entering into the region under the jurisdiction of the Subdivisional Magistrate Court (North) for a period of two months from the date of this order or till any further orders are passed by the Competent Authority revoking this prohibition as per law, whichever is earlier except when you are summoned to attend the cases in any of the Courts in Puducherry. However, the Counter Petitioner may represent against this order before the undersigned by post or by Counsel.
At Puducherry, dated on this 28th day of October, 2021, pronounced in the open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
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