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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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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