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]

Registered with the Registrar

of Newspapers for India

under No. 10410

Registered No. PY/44/2021-23

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9 {

No.

296

Poudouchéry

Jeudi

9

Décembre

2021 (18 Agrahayana 1943)

No.

Puducherry

Thursday

9th

December

2021

3600

LA GAZETTE DE L’ETAT

[ PART-I

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

3601

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, 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.

3602

LA GAZETTE DE L’ETAT

[ PART-I

3602

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 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 under

PART-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, criminal

3604

LA GAZETTE DE L’ETAT

[ PART-I

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

3605

IN 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.

3606

LA GAZETTE DE L’ETAT

[ PART-I

3606

4. 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

3607

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, 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 Petitioner

3608

LA GAZETTE DE L’ETAT

[ PART-I

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

3609

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 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).

3610

LA GAZETTE DE L’ETAT

[ PART-I

3610

IN 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 the

PART-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;

3612

LA GAZETTE DE L’ETAT

[ PART-I

3612

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 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

3613

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. 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.

3614

LA GAZETTE DE L’ETAT

[ PART-I

3614

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 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

3615

IN 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.

3616

LA GAZETTE DE L’ETAT

[ PART-I

3616

4. 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

3617

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 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.

3618

LA GAZETTE DE L’ETAT

[ PART-I

3618

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.

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

No.

Police station,

the case

(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

3619

7. On 26-10-2021, the Station House Officer, represented by

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

Vs

3620

LA GAZETTE DE L’ETAT

[ PART-I

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 under

PART-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. On 26-10-2021, the Station House Officer, represented by

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).

3622

LA GAZETTE DE L’ETAT

[ PART-I

3622

IN 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

3623

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 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. On 26-10-2021, the Station House Officer, represented by

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 Counter

3624

LA GAZETTE DE L’ETAT

[ PART-I

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 he

PART-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 public

3626

LA GAZETTE DE L’ETAT

[ PART-I

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

Vs

PART-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.

3628

LA GAZETTE DE L’ETAT

[ PART-I

3628

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 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 Court

PART-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 the

3630

LA GAZETTE DE L’ETAT

[ PART-I

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

3631

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 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).

3632

LA GAZETTE DE L’ETAT

[ PART-I

3632

IN 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 attack

PART-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 law

3634

LA GAZETTE DE L’ETAT

[ PART-I

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

3635

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. 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.

3636

LA GAZETTE DE L’ETAT

[ PART-I

3636

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 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.

. .

Petitioner

PART-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 Trial

3638

LA GAZETTE DE L’ETAT

[ PART-I

3638

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

109 IPC and 3 of Explosive Act,

Investigation

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 deceased

(1)

(2)

(3)

(4)

(5)

PART-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 of

3640

LA GAZETTE DE L’ETAT

[ PART-I

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

3641

Sl.

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.

3642

LA GAZETTE DE L’ETAT

[ PART-I

3642

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 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

3643

IN 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 furtherance

3644

LA GAZETTE DE L’ETAT

[ PART-I

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

3645

10. 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 Petitioner

3646

LA GAZETTE DE L’ETAT

[ PART-I

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. The Counter Petitioner is 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

No.

Police station

the case

(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 Station

PART-I ]

LA GAZETTE DE L’ETAT

3647

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 Station

(1)

(2)

(3)

(4)

(5)

3648

LA GAZETTE DE L’ETAT

[ PART-I

3648

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 and

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(2)

(3)

(4)

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PART-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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Published by the Director, Government Press, Puducherry.