M.C. No. 340/2021 of I.R.No. 150/2021 under section 144 of Cr.P.C./3525.

Registered No. PY/44/2021-23 Registered with the Registrar of Newspapers for India under No. 10410 Amflºƒˆ \VWÈ ∂´E>µ La Gazette de L' État de Poudouchéry The Gazette of Puducherry

PART - I

E≈©A ÿkπX| EXTRAORDINAIRE EXTRAORDINARY

Published by ∂]ÔV´D ÿ✓u≈ Publiée par ÿkπX| Autorité Authority ®ı Amflºƒˆ ]∫Ô'˛wÁ\ 2022 } ƒ™kˆ | 24 {

No. 16 Poudouchéry Lundi 24 Janvier 2022 (4 Magha 1943)

No. Puducherry Monday 24th January 2022

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 340/2021 of I.R.No. 150/2021 under section 144 of Cr.P.C./3525

ORDER

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

State Represented by the Sub-Inspector of Police, Mudaliarpet Police Station,

Puducherry.

. . Petitioner

Vs

Thiru Pugazh (21), S/o. Ezhumalai, No. 48, Velrampet, Erikarai Street, Mudaliarpet,

Puducherry.

. . Counter Petitioner

[ 47]LA GAZETTE DE L'ETAT [ PART-I 4 8 48 This petition along with case sheet is filed by the Station House Officer, represented by Thiru C. Ilavarasan, Sub-Inspector of Police, Mudaliarpet Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against Counter Petitioner 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 Pugazh (21), son of Ezhumalai, a resident of No. 48, Velrampet, Erikarai Street, Mudaliarpet, Puducherry.

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

submitted by the Sub-Inspector of Police, Mudaliarpet Police Station, Puducherry, with the recommendation of Superintendent of Police (South), Puducherry vide I.R. No. 150/2021, under section 144 of Cr.P.C, dated 24-09-2021. Therein, it has been stated that the Counter Petitioner have involved in crime such as hurt 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 city limits.

It is also stated that he is leading lavish life with the money earned through extortion. The Petitioner has also submitted that the Counter Petitioner is a young and energetic rowdy element and shows his muscle power by committing offences for petty reasons. 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 as registered against the Counter Petitioner.

1. Cr.No. 125/2019 under sections 341, 294 (b), 506 (ii) IPC r/w 34 IPC, dated 03-10-2019 – Pending Trial.

2. Cr.No. 127/2019 under sections 294 (b), 324, 506 (ii) IPC r/w 34 IPC, dated 05-10-2019 – Pending Trial.

3. Cr.No. 11/2020 under sections 294 (b), 324, 506 (ii) IPC r/w 34 IPC, dated 17-01-2020 – Pending Trial.

4. Cr.No. 41/2020 under sections 294 (b), 324, 506 (ii) IPC, dated 26-02-2020 – Pending Trial.

5. Cr.No. 528/2020 under sections 34 B(IX) and 34 E(I) of PP Act, dated 13-12-2020 – Pending Trial.

6. Cr.No. 536/2020 under sections 143, 144, 294 (b), 324, 307 IPC r/w 149 IPC, dated 29-12-2020 – Pending Trial.

7. Cr.No. 189/2021 under sections 399, 402 IPC, dated 31-10-2021.

4. It is also stated in the I.R. that the Station House Officer has received reliable information that the Counter Petitioner is very active notorious rowdy element and has become a source of terror among the public. The Petitioner further stated that the Counter Petitioner was a habitual offender and involved in many hurt cases along with his associates. Further stated that he intentionally engaged persons by hire and insists them to create problems with their opposite groups and therefore, his criminal activities cannot be prevented by invoking the mere security proceedings under the Cr.P.C.

5. Hence, the Sub-Inspector of Police, Mudaliarpet Police Station has prayed to invoke provisions under 144 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 21-10-2021 to appear for the hearing on 09-11-2021, 02-12-2021 and 16-12-2021. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Mudaliarpet Police Station, Puducherry. The notice was received by the Counter Petitioner.

7. On 16-12-2021, the Station House Officer represented by Thiru C. Ilavarasan, Sub-Inspector of Police, Mudaliarpet 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 is in such a manner that he may cause breach of peace and create a problem of law and order, and public tranquility. He has involved in crimes such as assault, unlawful activities and disturbance to the public peace and order. There are 7 criminal cases were registered against him in the Mudaliarpet Police Station.

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 assault, annoyance, damages to public 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 Pugazh (21), son of Ezhumalai, a resident of No. 48, Velrampet, Erikarai Street, Mudaliarpet, 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 16th day of December, 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. 343/2021 of I.R.No. 159/2021 under section 144 of Cr.P.C./3524

ORDER

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

State Represented by the Sub-Inspector of Police,

Mudaliarpet Police Station,

Puducherry.

. . Petitioner

Vs

Thiru Anand @ Bend Anand @ Anand Kumar (29),

S/o. Nangagopal,

No. 19, Cheran Street,

Puthu Nagar,

Nainarmandapam,

Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by the Station House Officer, represented by Thiru P. Anbazhagan, Sub-Inspector of Police, Mudaliarpet Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against Counter Petitioner to prevent imminent danger to human lives and properties, and disturbance to the public tranquility and order, in the jurisdiction of this Court.

2. The Counter Petitioner is Thiru Anand @ Bend Anand @ Anand Kumar (29), son of Nangagopal, a resident of No. 19, Cheran Street, Puthu Nagar, Nainarmandapam, Puducherry.

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

submitted by the Sub-Inspector of Police, Mudaliarpet Police Station, Puducherry, with the recommendation of Superintendent of Police (South), Puducherry, vide I.R. No. 159/2021, under section 144 of Cr.P.C, dated 29-09-2021. Therein, it has been stated that the Counter Petitioner have involved in crime such as hurt 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 city limits.

It is also stated that he is leading lavish life with the money earned through extortion. The Petitioner has also submitted that the Counter Petitioner is a young and energetic rowdy element and shows his muscle power by committing offences for petty reasons. 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 as registered against the Counter Petitioner.

1. Cr.No. 113/2021 under sections 294 (b), 341, 324, 427, 506 (ii) IPC r/w 34 IPC, dated 04-07-2021 of Mudaliarpet Police Station, Puducherry.

4. It is also stated in the I.R. that the Station House Officer has received reliable information that the Counter Petitioner is very active notorious rowdy element and has become a source of terror among the public. The Petitioner further stated that the Counter Petitioner was a habitual offender and involved in many hurt cases along with his associates. Further stated that he intentionally engaged persons by hire and insists them to create problems with their opposite groups and therefore, his criminal activities cannot be prevented by invoking the mere security proceedings under the Cr.P.C.

5. Hence, the Sub-Inspector of Police, Mudaliarpet Police Station has prayed to invoke provisions under 144 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 21-10-2021 to appear for the hearing on 09-11-2021, 02-12-2021 and 16-12-2021. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Mudaliarpet Police Station, Puducherry. The notice for the Counter Petitioner was received by his mother. The service was held sufficient for the Counter Petitioner.

7. On 16-12-2021, the Station House Officer represented by Thiru C. Ilavarasan, Sub-Inspector of Police, Mudaliarpet 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 is in such a manner that he may cause breach of peace and create a problem of law and order, and public tranquility. He has involved in crimes such as assault, unlawful activities and disturbance to the public peace and order. There is one criminal cases were registered against him in the Mudaliarpet Police Station.

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 assault, annoyance, damages to public 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 Anand @ Bend Anand @ Anand Kumar (29), son of Nangagopal, a resident of No. 19, Cheran Street, Puthu Nagar, Nainarmandapam, 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 furtherLA GAZETTE DE L'ETAT [ PART-I 5 2 52 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 16th day of December, 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. 350/2021, I.R.No. 122/2021 under section 144 of Cr.P.C./3514

ORDER

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

State Represented by the Sub-Inspector of Police,

Lawspet Police Station, Puducherry.

. . Petitioner

Vs

Thiru Nivash (25), S/o. Yuvaraj, No. 144, Edayanchavady Road,

Karuvadikuppam, 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 order under section 144 of Cr.P.C., against the Counter Petitioner 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 Nivash (25), son of Yuvaraj a resident of No. 144, Edayanchavady Road, Karuvadikuppam, Lawspet, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case referred by the Sub-Inspector of Police, Lawspet Police Station, Puducherry, with the recommendation of the Superintendent of Police (North), Puducherry vide I.R.No. 122/2021 under section 144 of Cr.P.C., dated 04-10-2021. 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 afraidPART-I ] LA GAZETTE DE L'ETAT 53 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 as registered against the Counter Petitioner.

1. Cr.No. 88/2019, under sections 120(b), 148, 341, 324, 307, 302, 109 IPC r/w 149 IPC and 3 of Explosive Substances Act, 1908 of Muthialpet Police Station, Puducherry – Pending Trial.

4. It is further stated in the I.R. that the Counter Petitioner is having close contact with other rowdy elements, viz., Chozhan @ Chozharajan, who is also a history sheet holder of Lawspet Police Station, Puducherry and hatching plans to indulge in unlawful activities in the Lawspet area and extort money by threatening.

And also, 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 06-12-2021 to appear for the hearing on 14-12-2021 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 mother Tmt. Manju. The Service was held sufficient for the Counter Petitioner.

7. On 14-12-2021, the Station House Officer, represented by Thiru Kumar, Assistant Sub-Inspector of Police, Lawspet Police Station, Puducherry, was present. The Counter Petitioner has failed to appear before the Court on hearing date.

8. I have heard the Petitioner and carefully gone through all the available records placed before me. In the Police Information Report/Petition, it is stated that the activities of the Counter Petitioner is in such a manner that he may cause breach of peace and create a problem of law and order, and public tranquility. He has involved in crimes such as murder and disturbance to the public peace and order.

There is one criminal case was registered against him in Muthialpet Police Station.

9. On perusal of the records submitted by the Petitioner and the recommendation of the Superintendent of Police (North), I am of the opinion that if, the Counter Petitioner is allowed to reside within the limits of my jurisdiction, the Counter Petitioner will continue to indulge in and also motivate serious offencesLA GAZETTE DE L'ETAT [ PART-I 5 4 54 like murder, 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 Nivash (25), son of Yuvaraj a resident of No. 144, Edayanchavady Road, 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 14th day of December, 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. 352/2021 of I.R. No. 63/2021 under section 144 of Cr.P.C./3519

ORDER

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

State Represented by the Sub-Inspector of Police, Odiansalai Police Station, Puducherry.

. . Petitioner

Vs

Thiru Gowsiga Balasubramaniyan @ Gowsi (28),

S/o. Baskaran @ Kandasamy, No. 19, Lazar Koil Street, Deburayapet, Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by Sub-Inspector of Police, Thiru E. Egambarame, Odiansalai Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against the Counter Petitioner 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 Gowsiga Balasubramaniyan @ Gowsi (28), s/o. Baskaran @ Kandasamy, a resident of No. 19, Lazar Koil Street, Deburayapet, 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. 63/2021 under section 144 of Cr.P.C., dated 01-10-2021. Therein, it has been stated that the Counter Petitioner have indulging in crime such as hurt, unlawful activities, disturbance to the public tranquility and order. The Petitioner has also submitted that the Counter Petitioner is a young and energetic rowdy element and shows his muscle power by committing offences for petty reasons. He is very active and therefore his criminal activities cannot be prevented by invoking the mere security proceedings under the Cr.P.C. In this connection, the Petitioner had stated that the following criminal cases as registered against the Counter Petitioner.

Sl. Crime No. Section Name of the Stage of

No.

Police station the case

(1) (2)

(3)

(4) (5)

1 426/2009 323, 294, 506 (II) r/w 34 IPC @ 143, Odiansalai Acquitted

324, 323, 294, 506 (II) r/w 149 IPC.

2 193/2011 264, 506 (I) r/w 34 IPC Odiansalai Acquitted

3 396/2011 324, 506 (I) r/w 34 IPC @ 326, 323, Odiansalai Acquitted

506 (I) r/w 34 IPC.

4 18/2012 147, 148, 452, 427, 324, 506 (II), Odiansalai Acquitted

109 r/w 149 IPC.

5 82/2013 147, 148, 307, 109 r/w 149 IPC and Odiansalai Pending Trial 374 of Explosive substance Act.

6 13/2015 147, 148, 302, 307 IPC r/w 149 IPC Odiansalai Pending Trial 7 19/2017 144 Cr.PC Odiansalai Discharged

8 16/2019 144 Cr.PC Odiansalai Discharged

9 19/2017 144 Cr.PC Odiansalai Discharged

10 47/2018 144 Cr.PC Odiansalai Discharged

11 121/2019 107 Cr.PC Odiansalai Discharged

12 389/2020 Murder case, dated 07-10-2020 Ariankuppam –

4. It is also stated in the additional report, dated 14-12-2021 that the Station House Officer has received reliable information that the Counter Petitioner involved in a sensational Depulan murder case and further the Counter Petitioner and his associates were designed to take revenge by killing of deceased Depulan family members/associates who lodged complaint against him and also designed to eliminate witnesses in the said case.

5. 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 hurt, criminal intimidation, 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.

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 24-11-2021 to appear for the hearing on 30-11-2021 and further hearings on 07-12-2021 and 14-12-2021. 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.

7. On 14-12-2021, the Station House Officer by Thiru B.M. Manoj, Inspector of Ploice, Odiansalai 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 is in such a manner that he may cause breach of peace and create a problem of law and order, and public tranquility. He has involved in crimes such as hurt 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 oral submissions 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 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.

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 Gowsiga Balasubramaniyan @ Gowsi (28), s/o. Baskaran @ Kandasamy, a resident of No. 19, Lazar Koil Street, Deburayapet, 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 asPART-I ] LA GAZETTE DE L'ETAT 57 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 14th day of December, 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. 354/2021 of I.R. No. 69/2021 under section 144 of Cr.P.C./3520

ORDER

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

State Represented by the Sub-Inspector of Police, Odiansalai Police Station, Puducherry.

. . Petitioner

Vs

Thiru Soosai @ Soosairaj (32), S/o. Joseph Philip, No. 32, Ellaiyamman Koil Thoppu, Vanarapet, 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 the Counter Petitioner 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 Soosai @ Soosairaj (32), s/o. Joseph Philip, a resident of No. 32, Ellaiyamman 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. 69/2021 under section 144 of Cr.P.C., dated 08-10-2021. Therein, it has been stated that the Counter Petitioner have indulging in crime such as unlawful activities, disturbance to the public tranquility and order. The Petitioner has also submitted that the Counter Petitioner is a young and energetic rowdy element and shows his muscle power by committing offences for petty reasons. He has violated the conditions imposed by the Court, while he was released on bail. He is very active and therefore his criminal activities cannot be prevented by invoking the mere security proceedings under the Cr.P.C., In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.

Sl. Crime No. Section Name of the Stage of Police station the case No.

(1) (2)

(3)

(4) (5)

1 168/2007 341, 323 r/w 34 IPC Odiansalai Compounded

2 254/2007 147, 148, 336, 506 (ii) r/w 34 IPC Odiansalai Convicted

3 82/2008 326, 324, 506 (ii) r/w 34 IPC Odiansalai Acquitted

4 150/2008 147, 307 r/w 149 C and 3 of Explosive Odiansalai Acquitted

Substance Act r/w 149 IPC.

5 77/2009 506 (ii) IPC and 27 of Arms Act Odiansalai Acquitted

6 311/2009 452, 427, 506 (ii) r/w 34 IPC Odiansalai Acquitted

7 140/2009 Man missing @ 302 r/w 149 IPC Reddiarpalayam Under

Investigation

8 234/2011 147, 148, 302, 307, 452, 109 r/w Mudaliarpet Pending Trial 149 IPC.

9 01/2012 399, 402 IPC – Acquitted

10 61/2012 399, 402 IPC – Acquitted

11 248/2012 143, 506(2) r/w 149 IPC Grand Bazar Pending Trial 12 46/2019 144 Cr.PC Odiansalai Order obeyed 13 21/2017 144 Cr.PC Odiansalai Order obeyed 14 13/2018 144 Cr.PC Odiansalai Order obeyed 15 46/2019 144 Cr.PC Odiansalai Order obeyed 4. It is also stated in the additional report dated 07-12-2021 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 by killing the persons responsible for the murder of Bomb Ravi @ Sathish whether they are in jail or outside.

5. It is also stated in the I.R. that the Station House Officer has received reliable information 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 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 24-11-2021 to appear for the hearing on 30-11-2021 and further hearing on 07-12-2021. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Odiansalai Police Station, Puducherry. The notice for the Counter Petitioner was received by his brother, Thiru J. Lourdhusamy. The service was held sufficient for the Counter Petitioner.

8. On 07-12-2021, the Station House Officer by Thiru B.M. Manoj, Inspector of Ploice, Odiansalai Police Station, Puducherry and the Counter Petitioner was 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 the Counter Petitioner is in such a manner that he may cause breach of peace and create a problem of law and order, and public tranquility. He has involved in crimes such as unlawful activities and disturbance to the public peace and order. There are 15 criminal cases were registered against him in various Police Stations. I have also heard the oral submissions of the Counter Petitioner. The Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.

10. Upon hearing both sides and on perusal of the records submitted by the Petitioner, 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 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 Soosai @ Soosairaj (32), s/o. Joseph Philip, a resident of No. 32, Ellaiyamman 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 7th day of December, 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. 355/2021 of I.R. No. 56/2021 under section 144 of Cr.P.C./3517

ORDER

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

State Represented by the Station House Officer, Kalapet Police Station, Puducherry.

. . Petitioner

Vs

Thiru Subash @ Suresh (26),

S/o. Periyasamy, No. P2/61, Tsunami Quarters, Periyakalapet, Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by Station House Officer, Thiru M. Murugan, Sub-Inspector of Police, Kalapet Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against the Counter Petitioner 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 Subash @ Suresh (26), s/o. Periyasamy @ Kandasamy, a resident of No. P2/61, Tsunami Quarters, Periyakalapet, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case referred by the Station House Officer, Kalapet Police Station, through the Superintendent of Police (East), Puducherry vide I.R. No. 56/2021, 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 unlawful activities with his associates by using deadly weapons. It is also stated that the Counter Petitioner has created panic in the minds of local inhabitants and he is extorting money from the business people and the companies and also threatening local villagers with the help of local rowdies and his supporters. 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 to give evidence against him. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.

Sl. Crime No. Section Name of the Stage of Police station the case No.

(1) (2)

(3)

(4) (5)

1 61/14 380 IPC Thavalakuppam Conviction

2 62/14 457, 380 IPC Thavalakuppam Conviction

3 63/14 380 IPC Thavalakuppam ConvictionPART-I ] LA GAZETTE DE L'ETAT 61 (1) (2)

(3)

(4) (5)

4 64/14 457, 380 IPC Thavalakuppam Conviction

5 65/14 380 IPC Thavalakuppam Conviction

6 66/14 380 IPC Thavalakuppam Conviction

7 67/14 41(i)(d), 102 Cr.P.C @ 379 IPC Thavalakuppam Conviction

8 104/15 379 IPC Bahour Pending Trial 9 15/18 379 IPC Bahour Under

Investigation

10 125/18 379 IPC Bahour Under

Investigation

11 128/18 379 IPC Bahour Under

Investigation

12 154/18 380, 511 IPC Bahour Under

Investigation

13 74/15 379 IPC Kirumampakkam Pending Trial 14 75/15 41(i)(d), 102 Cr.P.C @ 379 IPC Kirumampakkam Pending Trial 15 191/15 379 IPC Grand Bazzar Conviction

16 527/13 379 IPC Kottakuppam Conviction

Tamil Nadu

17 103/09 457, 380 IPC Auroville Pending Trial

Tamil Nadu

18 578/15 379 IPC Auroville Yet to taken

Tamil Nadu on file

19 325/10 457, 511 IPC Tindivanam Conviction

Tamil Nadu

4. The Petitioner further stated that the Counter Petitioner is not a law abiding person and he has often violated the conditions imposed by the Court while he was released on bail. The Petitioner also submitted that the Counter Petitioner was instigating young boys to involve in criminal activities and to create tension among the rival groups in Kalapet village and thereby caused breach of public peace and disturbance of public tranquility. He is very active and therefore his criminal activities cannot be prevented by invoking the mere security proceedings under the Cr.P.C.

5. The Petitioner further submitted that if, the Counter Petitioner is allowed to reside in Puducherry region, it is apprehended that he would continue to indulge in serious offences like murder, assault, obstructions, annoyance, damages to public and private properties, etc., and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Station House Officer, Kalapet Police Station, Puducherry, has prayed to invoke provisions under section 144 of Cr.P.C., against the Counter Petitioner, donot 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 24-11-2021 to appear for the hearing on 30-11-2021 and further hearing on 07-12-2021. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Kalapet Police Station, Puducherry. The notice for the Counter Petitioner was served by affixing it at his house in presence of one witness due to absence of the Counter Petitioner at his house. The Service was held sufficient for the Counter Petitioner.

7. On 07-12-2021, the Petitioner Thiru M. Murugan, Sub-Inspector of Ploice, Kalapet Police Station, Puducherry, was present. The Counter Petitioner has failed to appear before the Court on hearing date.

8. I have heard the Petitioner and carefully gone through all the available records placed before me. In the Police information report/petition, it is stated that the Counter Petitioner activity is in such a manner that he may cause breach of peace and create a problem of law and order, and public tranquility. He has involved in crimes such as theft, unlawful activities, etc. There are 19 criminal cases were registered against him in various Police Stations.

9. 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, 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 Subash @ Suresh (26), s/o. Periyasamy @ Kandasamy, a resident of No. P2/61, Tsunami Quarters, Periyakalapet, 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 7th day of December, 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. 366/2021, I.R.No. 123/2021 under section 144 of Cr.P.C./3515

ORDER

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

State Represented by the Sub-Inspector of Police,

Lawspet Police Station, Puducherry.

. . Petitioner

Vs

Thiru Suriya (26), S/o. Munusamy,

No. 54, Annie Besant Nagar, Main Road, Navarkulam,

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 order under section 144 of Cr.P.C., against the Counter Petitioner 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 Suriya (26), son of Munusamy a resident of No. 54, Annie Besant Nagar, Main Road, Navarkulam, Lawspet, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case referred by the Sub-Inspector of Police, Lawspet Police Station, Puducherry, with the recommendation of the Superintendent of Police (North), Puducherry vide I.R.No. 123/2021 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 bent upon indulging in crime such as 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 was registered against the Counter Petitioner.

1. Cr.No. 88/2019, under sections 120(b), 148, 341, 324, 307, 302, 109 IPC r/w 149 IPC and 3 of Explosive Substances Act, 1908 of Muthialpet Police Station, Puducherry – Pending Trial.

4. It is further stated in the I.R. that the Counter Petitioner is having close contact with other rowdy elements, viz., Chozhan @ Chozharajan, who is also a history sheet holder of Lawspet Police Station, Puducherry and hatching plansLA GAZETTE DE L'ETAT [ PART-I 6 4 64 to indulge in unlawful activities in the Lawspet area and extort money by threatening. And also, 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, the 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 06-12-2021 to appear for the hearing on 14-12-2021 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 father, Thiru Munusamy. The service was held sufficient for the Counter Petitioner.

7. On 14- 12-2021, the Station House Off i c e r, represented by Thiru Kumar, Assistant 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 the Counter Petitioner is in such a manner that he may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder and disturbance to the public peace and order. There is one criminal case was registered against him in Muthialpet Police Station.

9. On perusal of the records submitted by the Petitioner and the recommendation of the Superintendent of Police (North), I am of the opinion that if, the Counter Petitioner is allowed to reside within the limits of my jurisdiction, the Counter Petitioner will continue to indulge in and also motivate serious offences like murder, 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 Suriya (26), son of Munusamy, a resident of No. 54, Annie Besant Nagar, Main Road, Navarkulam, Lawspet, Puducherry, from entering into the regionPART-I ] LA GAZETTE DE L'ETAT 65 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 14th day of December, 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. 367/2021, I.R.No. 126/2021 under section 144 of Cr.P.C./3516

ORDER

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

State Represented by the Station House Officer,

Lawspet Police Station,

Puducherry.

. . Petitioner

Vs

Thiru Vicky @ Vigneshwaran (28),

S/o. Sellaveeran,

No. 21, Veterinary Hospital 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 the Counter Petitioner 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 Vicky @ Vigneshwaran (28), son of Sellaveeran, a resident of No. 21, Veterinary Hospital 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. 126/2021 under section 144 of Cr.P.C., dated 09-10-2021 and additional report of the Station House Officer, Lawspet Police Station, Puducherry, dated 21-12-2021.

Therein, it has been stated that the Counter Petitioner has formed a gang of rowdiesLA GAZETTE DE L'ETAT [ PART-I 6 6 66 and bent upon indulging in crime such as murder, attempt to murder, hurt, dacoity, Arms Act, NDPS cases, explosive case, 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. 04/2012, under section 324 IPC r/w 34 IPC of Lawspet Police Station, Puducherry – Acquitted.

2. Cr.No. 26/2012, under sections 394 IPC @ 397 IPC of Auroville Police Station, Tamil Nadu – Pending Trial.

3. Cr. No. 119/2012, under sections 147, 148, 452, 342, 307, 326, 324 IPC and 27 of Arms Act r/w 149 IPC of Lawspet Police Station, Puducherry – Acquitted.

4. Cr.No. 247/2012, under sections 147, 448, 294(b), 323, 307 IPC r/w 149 IPC of Kottakuppam Police Station, Puducherry – Pending Trial.

5. Cr.No. 381/2012, under sections 147, 148, 394 (b), 323, 324, 307 IPC r/w 149 IPC of Auroville Police Station, Tamil Nadu – Pending Trial.

6. Cr.No. 434/2014, under sections 147, 148,307, 302 IPC r/w 149 IPC and 212 (i) Explosive Act of Semanar Koil Police Station, Tamil Nadu – Acquitted.

7. Cr. No. 36/2019, Arms Act of Orleanpet Police Station, Puducherry – Pending Trial.

8. Cr. No. 81/2019 , under sections 27 of Arms Act 1957 and 34 B IX of PP Act of Lawspet Police Station, Puducherry – Pending Trial.

9. Cr. No. 108/2019, under sections 20(b)(ii)(A) r/w 8 (c) of NDPS Act, 1985 of Lawspet Police Station, Puducherry – Under Investigation.

10. Cr. No. 424/2019, under sections 294(b), 323 IPC of Kottakuppam Police Station, Tamil Nadu – Convicted.

11. Cr. No. 112/2020, under sections 294(b), 323, 324, 506(ii) IPC r/w 34 IPC of Lawspet Police Station, Puducherry – Under Investigation.

12. Cr. No. 490/2020, under sections 341, 302 r/w 34 IPC @ 148, 341, 302 r/w 149 IPC of Villianur Police Station, Puducherry – Pending Trial.

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 by threatening. It is further stated that he is 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, the 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,PART-I ] LA GAZETTE DE L'ETAT 67 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 has prayed to invoke provisions under section 144 Cr.P.C. against the Counter Petitioner to 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 06-12-2021 to appear for the hearing on 14-12-2021 and further hearing on 21-12-2021. 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 21- 12-2021, the Station House Off i c e r, represented by Thiru Kumar, Assistant Sub-Inspector of Police, Lawspet Police Station, Puducherry, was present. The Counter Petitioner has failed to appear before the Court on hearing date.

8. I have heard the Petitioner and carefully gone through all the available records placed before me. In the Police Information Report/Petition, it is stated that the activities of the Counter Petitioner is in such a manner that he may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 12 criminal cases were registered against him in various Police Stations.

9. On perusal of the records submitted by the Petitioner and the recommendation of the Superintendent of Police (North), I am of the opinion that if, the Counter Petitioner is allowed to reside within the limits of my jurisdiction, the Counter Petitioner will continue to indulge in and also motivate serious offences like murder, assault, 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 Vicky @ Vigneshwaran (28), son of Sellaveeran, a resident of No. 21, Veterinary Hospital 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 21st day of December, 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. 370/2021 of I.R. No. 76/2021 under section 144 of Cr.P.C./3518

ORDER

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

State Represented by the Station House Officer, Kalapet Police Station, Puducherry.

. . Petitioner

Vs

Thiru Sugan @ Pradeep (28), S/o. Periyasamy, No. 62/P2, Tsunami Quarters, Periyakalapet, Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by Station House Officer, Thiru M. Murugan, Sub-Inspector of Police, Kalapet Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against the Counter Petitioner 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 Sugan @ Pradeep (28), s/o. Periyasamy, a resident of No. 62/P2, Tsunami Quarters, Periyakalapet, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case referred by the Station House Officer, Kalapet Police Station through the Superintendent of Police (East), Puducherry vide I.R. No. 76/2021, under section 144 of Cr.P.C, dated 22-11-2021. 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 murder, robbery, snatching, decoity and motor cycle theft cases. It is also stated that the Counter Petitioner is extorting money from the business people and the companies to maintain the mass group by way of threatening. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.

Sl. Crime No. Section Name of the Stage of Police Station the case No.

(1) (2)

(3)

(4) (5)

1 45/13 41(2)(d) - 102 Cr.P.C. Orleanpet Pending Trial 2 38/13 356, 379 r/w 34 IPC @ 356, 379, Orleanpet Acquitted

149 IPC.

3 15/13 379 IPC Mudaliarpet Pending Trial 4 49/13 394 IPC Lathery, Pending Trial

Tamil Nadu.

5 178/10 399, 402 IPC Grand Bazzar Pending TrialPART-I ] LA GAZETTE DE L'ETAT 69 (1) (2)

(3)

(4) (5)

6 102/11 41, 102 Cr.P.C. @ 379 r/w 34 IPC Grand Bazzar Acquitted

7 83/16 394 r/w 34 IPC Mangalam Pending Trial 8 204/16 3 of PDPP Act and 506(ii) r/w Villianur Pending Trial 34 IPC and 25 (1-B)(b) of

Arms Act.

9 222/16 450, 307, 326 and 27(1) of Arms Villainur Pending Trial Act r/w 34 IPC

10 35/18 302, 307, 324, 109 IPC r/w 34 IPC Villainur Pending Trial @ 147, 148, 302, 307, 324, 109,

120(b), IPC r/w 149 IPC.

11 55/14 27(i)(a) of Arms Act, 1959 and Kirumampakkam Pending Trial 34 B IX of PP Act.

12 334/15 379 IPC Kottakuppam, Convicted

Tamil Nadu.

13 681/15 379 IPC Kottakuppam, Pending Trial

Tamil Nadu.

14 260/15 341, 294(b), 307 IPC @ 394 IPC Kiliyanur, Pending Trial

Tamil Nadu.

15 785/17 294(b), 427, 307 IPC Valavunur, Pending Trial

Tamil Nadu.

16 118/ 15 356, 379 r/w 34 IPC Lawspet Under

Investigation.

17 88/18 302 IPC Thirukanur Under

Investigation 18 116/18 356, 379 IPC Kirumampakkam Pending Trial 19 94/19 147, 148, 120(b), 294(4), 324, Vanur, Under

307 IPC r/w 3 of Explosive Tamil Nadu. Investigation Act @ 302 IPC.

20 83/19 294(b), 324, 307, 506(i) IPC Uthiramerur, Under

Kanchipuram Investigation

District, TN

21 46/2019 120 (B), 302, 109 r/w 34 IPC and Kalapet Pending Trial 3 of Explosive Act, 1908.

22 88/2019 120(B), 148, 341, 324, 307, 302, Muthialpet Pending Trial 109 r/w 34 IPC and 3 of Explosive

Act.

23 376/2020 364(A), 394 IPC Grand Bazzar Pending Trial 24 89/2021 294(b),353,506(i) IPC r/w 149 IPC Kalapet Charged

4. The Petitioner further stated that the Counter Petitioner is not a law abiding person and he has often violated the conditions imposed by the Court while he was released on bail. And also, the Counter Petitioner is ready to commit someLA GAZETTE DE L'ETAT [ PART-I 7 0 70 sensational offence against his opponents for showing his money and muscle power due to previous enmity. His violent activities creates tense situation in the Kalapet village and to create tension among the rival groups and thereby caused breach of public peace and disturbance of public tranquility. It is also stated that he is very active, dangerous, notorious 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, the Counter Petitioner is allowed to reside in Puducherry region, it is apprehended that he would continue to indulge in serious offences like murder, assault, obstructions, annoyance, damages to public and private properties, etc., and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Station House Officer, Kalapet Police Station has prayed to invoke provisions under section 144 Cr.P.C. against the Counter Petitioner 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 07-12-2021 to appear for the hearing on 09-12-2021. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Kalapet Police Station, Puducherry. The notice for the Counter Petitioner was received by his wife Tmt. P. Jayanthi. The service was held sufficient for the Counter Petitioner.

7. On 09-12-2021, the Petitioner Thiru M. Murugan, Sub-Inspector of Police, Kalapet Police Station, Puducherry, was present. The Counter Petitioner has failed to appear before the Court on hearing date.

8. I have heard the Petitioner and carefully gone through all the available records placed before me. In the Police information report/petition, it is stated that the Counter Petitioner activity is in such a manner that he may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, grievous hurt, assault and disturb public peace and order. There are 24 criminal cases were registered against him in various Police Stations.

9. 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, hurt, 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 Sugan @ Pradeep (28), s/o. Periyasamy, a resident of No. 62/P2, Tsunami Quarters, Periyakalapet, Puducherry, from entering into thePART-I ] LA GAZETTE DE L'ETAT 71 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 9th day of December, 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. 378/2021 of I.R. No. 65/2021 under section 144 of Cr.P.C./3521

ORDER

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

State Represented by the Station House Officer,

Muthialpet Police Station,

Puducherry.

. . Petitioner

Vs

Thiru Selvamani,

S/o. Palanivel,

No. 41, Subramanian Koil Street,

Muthialpet, Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by Station House Officer, Muthialpet Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against the Counter Petitioner 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 Selvamani, s/o. Palanivel, a resident of No. 41, Subramanian Koil Street, Muthialpet, Puducherry.

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

submitted by the Station House Officer, Muthialpet Police Station through the Superintendent of Police (East), Puducherry vide I.R.No. 65/2021, 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 anti-social activities, disturbance to the public tranquility and order by showing deadly weapons. The Counter Petitioner has created panic in the minds of localLA GAZETTE DE L'ETAT [ PART-I 7 2 72 inhabitants and the business people in the Muthialpet Police Station, Puducherry limits. It is also stated that he is leading lavish life with the money earned from the public and business people by threatening. As a result, the people of the locality, being afraid of the Counter Petitioner, 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 No.

Police Station

(1) (2)

(3)

(4)

1 139/08 341, 394, r/w 34 IPC, dated 17-07-2008. Thavalakuppam

2 186/09 452, 387, 427, 506 (ii) IPC r/w 34 IPC, Muthialpet

dated 21-05-2009.

3 294/09 147, 148, 324, 506(ii) IPC r/w 34 IPC and Muthialpet

27 of Arms Act, dated 02-09-2009.

4 343/09 27 of Arms Act and 34 B-IX of PP Act, Muthialpet

dated 26-10-2009.

5 253 /10 341, 324, 323, 506(ii) IPC r/w 34 IPC, Muthialpet

dated 29-11-2010.

6 44/2011 151 Cr.P.C. @ 110 Cr.P.C. Muthialpet

7 316/11 151 Cr.P.C. @ 110 Cr.P.C. Muthialpet

8 154/12 27 of Arms Act and 34 B-IX of PP, Muthialpet

dated 18-08-2012.

9 I.R.No. 31/13 144 Cr.P.C., dated 18-09-2013 Muthialpet

10 I.R.No. 14/14 107 Cr.P.C, dated 28-02-2014 Muthialpet

11 46/15 294 (b), 323 r/w 34 IPC, dated 04-05-2015 Mutihalpet

12 I.R.No. 30/19 110 Cr.P.C., dated 18-03-2019 Muthialpet

13 I.R.No. 56/19 110 Cr.P.C., dated 03-10-2019 Muthialpet

14 I.R.No. 03/20 144 Cr.P.C. Muthialpet

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 rowdy gang to meet out in case trials and daily expenses. The Petitioner further stated that the Counter Petitioner is not a law abiding person and therefore, his criminal activities cannot be prevented by invoking the mere security proceedings under the Cr.P.C.

5. The Petitioner further stated that if, the Counter Petitioner is allowed to reside in Muthialpet limits, it is apprehended that he would continue to indulge in serious offences like attempt to murder, hurt, damages, assault and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Station House Officer, Muthialpet Police Station has prayed to invoke provisions under section 144 Cr.P.C. against the Counter Petitioner to 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 08-12-2021 to appear for the hearing on 21-12-2021 at 10.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Muthialpet Police Station, Puducherry. The notice was received by the Counter Petitioner.

7. On 21-12-2021, the Petitioner represented by Thiru. N. Piara John, Sub-Inspector of Police, Muthialpet Police Station, Puducherry and the Counter Petitioner were present. The learned Counsel, Thiru R. Premkumar 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 is in such a manner that he may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as assault, unlawful activities and disturbance to the public peace and order. There are 14 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.

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, 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 Selvamani, s/o. Palanivel, a resident of No. 41, Subramanian Koil Street, Muthialpet, 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 21st day of December, 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. 386/2021 of I.R. No. 74/2021 under section 144 of Cr.P.C./3523

ORDER

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

State Represented by the Station House Officer, Muthialpet Police Station, Puducherry.

. . Petitioner

Vs

Thiru Gnanavel (33), S/o. Munusamy, No. 53, Maravady Street, Kurusukuppam, Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by Station House Officer, Muthialpet Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against Thiru Gnanavel (33) 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 Gnanavel (33), s/o. Munusamy, a resident of No. 53, Maravady Street, Kurusukuppam, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case is submitted by the Station House Officer, Muthialpet Police Station through the Superintendent of Police (East), Puducherry vide I.R.No. 74/2021, under section 144 of Cr.P.C., dated 09-10-2021. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime such as disturbance to the public tranquility and order by showing deadly weapons. The Counter Petitioner has created panic in the minds of local inhabitants and the business people in the Muthialpet Police Station, limits Puducherry. It is also stated that he is leading lavish life with the money earned from the public and business people by threatening. As a result, the people of the locality being afraid of the Counter Petitioner, 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.

1. Cr.No. 03/2010, under sections 147, 148, 302 r/w 149 IPC, dated 07-01-2010 of Kirumampakkam Police Station, Puducherry.

2. Cr. No. 156/2010, under sections 302 IPC @ 147, 148, 302 IPC and 3 of Explosive Substances Act r/w 149 IPC, dated 09-07-2010 of Muthialpet Police Station, Puducherry.

3. Cr.No. 238/2010, under sections 147, 148, 307 IPC r/w 149 IPC, dated 08-11-2010 of Muthialpet Police Station, Puducherry.

4. Cr.No. 189/2011, under sections 147, 148, 302, 109 r/w 149 IPC, dated 21-08-2011 of Muthialpet Police Station, Puducherry.

5. Cr.No. 320/2011, under sections 27 of Arms Act and 34 B-IX of PP Act, dated 10-12-2011 of Muthialpet Police Station, Puducherry.

6. Cr.No. 33/2012, under sections 147, 427, 324, 506(ii) IPC r/w 149 IPC.

7. Cr.No. 143/2012, under sections 452, 427, 506(ii) IPC r/w 34 IPC, dated 26-07-2012.

8. Cr.No. 91/2012, under sections 147, 148, 341, 332, 333, 302, 307, 109 IPC, 3 of PDPP Act and 3 of Explosive Substances Act, 1908 r/w 149 IPC, dated 10-08-2012.

9. Cr.No. 78/ 2015, under sections 294(b), 323, 324, 427, 506(ii) r/w 34 IPC, dated 09-08-2015.

10. Cr.No. 2/2016, under sections 294(b), 509, 506(ii) IPC r/w 34 IPC, dated 06-01-2016 of Muthialpet Police Station, Puducherry.

11. Cr.No. 5/2016, under sections 294(b), 506(ii) r/w 34 IPC, dated 07-01-2016 of Muthialpet Police Station, Puducherry.

12. Cr.No. 132/2017, under sections 294(b), 323, 324, 506(ii) IPC r/w 34 IPC, dated 25-11-2017 of Muthialpet Police Station, Puducherry.

13. Cr. No. 94/2019, under sections 120 (b), 147, 148, 302 IPC r/w 149 IPC of Muthialpet Police Station, Puducherry.

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 rowdy gang to meet out in case trials and daily expenses.

The Petitioner further stated that the Counter Petitioner is not a law abiding person and therefore, his criminal activities cannot be prevented by invoking the mere security proceedings under the Cr.P.C.

5. The Petitioner further stated that if, the Counter Petitioner is allowed to reside in Muthialpet limits, it is apprehended that he would continue to indulge in serious offences like attempt to murder, hurt, damages, assault and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Station House Officer, Muthialpet Police Station has prayed to invoke provisions under section 144 Cr.P.C. against the Counter Petitioner to 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 08-12-2021 to appear for the hearing on 15-12-2021 at 10.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Muthialpet Police Station, Puducherry. The notice for the Counter Petitioner was received by his wife Tmt. G. Manju. The service was held sufficient for the Counter Petitioner.

7. On 15-12-2021, the Petitioner Thiru G. Kalaiarasan, Sub-Inspector of Police, Muthialpet 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 is in such a manner that he may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 13 criminal cases were registered against him in various Police Stations. I have also heard the oral submissions of the Counter Petitioner. The Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.

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 public 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 Gnanavel (33), s/o. Munusamy, a resident of No. 53, Maravady Street, Kurusukuppam, 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 15th day of December, 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. 387/2021 of I.R. No. 75/2021 under section 144 of Cr.P.C./3522

ORDER

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

State Represented by the Station House Officer, Muthialpet Police Station, Puducherry.

. . Petitioner

VsPART-I ] LA GAZETTE DE L'ETAT 77 Thiru Gnanasegar (31),

S/o. Munusamy,

No. 53, Maravady Street,

Kurusukuppam, Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by Station House Officer, Muthialpet Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against Thiru Gnanasegar (31) 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 Gnanasegar (31), s/o. Munusamy, a resident of No. 53, Maravady Street, Kurusukuppam, Puducherry.

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

is submitted by the Station House Officer, Muthialpet Police Station through the Superintendent of Police (East), Puducherry vide I.R.No. 75/2021, under section 144 of Cr.P.C., dated 10-10-2021. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime such as disturbance to the public tranquility and order by showing deadly weapons. The Counter Petitioner has created panic in the minds of local inhabitants and the business people in the Muthialpet Police Station limits, Puducherry. It is also stated that he is leading lavish life with the money earned from the public and business people by threatening. As a result, the people of the locality, being afraid of the Counter Petitioner, 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.

1. Cr. No. 33/12, under sections 147, 427, 324, 506(ii) r/w 149 IPC, dated 06-02-2012 of Muthialpet Police Station, Puducherry.

2. Cr. No. 78/15, under sections 294 (b), 323, 324, 427, 506(ii) IPC r/w 34 IPC, dated 09-08-2015 of Muthialpet Police Station, Puducherry.

3. Cr. No. 40/16, under sections 143, 341 IPC r/w 149 IPC, dated 05-05-2016 of Muthialpet Police Station, Puducherry.

4. Cr. No. 44/16, under sections 341, 294(b), 323, 506(i) IPC r/w 34 IPC, dated 12-05-2016 of Muthialpet Police Station, Puducherry.

5. Cr. No. 107/17, under sections 147, 148, 307 IPC r/w 149 IPC of Muthialpet Police Station, Puducherry.

6. Cr. No. 132/2017, under sections 294(b), 323, 324, 506(ii) IPC r/w 34 IPC, dated 25-11-2017 of Muthialpet Police Station, Puducherry.

7. Cr. No. 37/2018, under sections 147, 148, 302 IPC r/w 149 IPC, dated 06-03-2018 of Grand Bazaar Police Station, Puducherry.

8. Cr. No. 94/2019, under sections 120(B), 148, 341, 302, 109 r/w 149 IPC, dated 08-12-2019 of Muthialpet Police Station, Puducherry.

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 rowdy gang to meet out in case trials and daily expenses.

The Petitioner further stated that the Counter Petitioner is not a law abiding person and therefore, his criminal activities cannot be prevented by invoking the mere security proceedings under the Cr.P.C.

5. The Petitioner further stated that if, the Counter Petitioner is allowed to reside in Muthialpet limits, it is apprehended that he would continue to indulge in serious offences like attempt to murder, hurt, damages, assault and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Station House Officer, Muthialpet Police Station has prayed to invoke provisions under section 144 Cr.P.C. against the Counter Petitioner to 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 08-12-2021 to appear for the hearing on 15-12-2021 at 10.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Muthialpet Police Station, Puducherry. The notice for the Counter Petitioner was received by his wife Tmt. Subitha. The service was held sufficient for the Counter Petitioner.

7. On 15-12-2021, the Petitioner Thiru G. Kalaiarasan, Sub-Inspector of Police, Muthialpet 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 Thiru Gnanasegar is in such a manner that he may cause breach of peace and create a problem of law and order and public tranquility.

He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 8 criminal cases were registered against him in various Police Stations. I have also heard the oral submissions of the Counter Petitioner. The Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.

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 public 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 thePART-I ] LA GAZETTE DE L'ETAT 79 Counter Petitioner Thiru Gnanasegar (31), s/o. Munusamy, a resident of No. 53, Maravady Street, Kurusukuppam, 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 15th day of December, 2021, pronounced in the open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

————

online publication at "https://styandptg.py.gov.in" Published by the Director, Government Press, Puducherry.