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]
Registered with the Registrar
of Newspapers for India
under No. 10410
Registered No. PY/44/2021-23
Amflºƒˆ \VWÈ ∂´E>µ
La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - I
E≈©A ÿkπX|
EXTRAORDINAIRE
EXTRAORDINARY
∂]ÔV´D ÿ√u≈
Publiée par
Published by
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
4 8
LA GAZETTE DE L’ETAT
[ PART-I
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.
PART-I ]
LA GAZETTE DE L’ETAT
49
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).
5 0
LA GAZETTE DE L’ETAT
[ PART-I
50
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.
PART-I ]
LA GAZETTE DE L’ETAT
51
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 further
5 2
LA GAZETTE DE L’ETAT
[ PART-I
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 afraid
PART-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 offences
5 4
LA GAZETTE DE L’ETAT
[ PART-I
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.
PART-I ]
LA GAZETTE DE L’ETAT
55
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 6
LA GAZETTE DE L’ETAT
[ PART-I
56
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 as
PART-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.
5 8
LA GAZETTE DE L’ETAT
[ PART-I
58
Sl.
Crime No.
Section
Name of the
Stage of
No.
Police station
the case
(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.
PART-I ]
LA GAZETTE DE L’ETAT
59
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).
6 0
LA GAZETTE DE L’ETAT
[ PART-I
60
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
No.
Police station
the case
(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
Conviction
PART-I ]
LA GAZETTE DE L’ETAT
61
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;
(1)
(2)
(3)
(4)
(5)
6 2
LA GAZETTE DE L’ETAT
[ PART-I
62
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).
————
PART-I ]
LA GAZETTE DE L’ETAT
63
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 plans
6 4
LA GAZETTE DE L’ETAT
[ PART-I
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 Officer, 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 region
PART-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 rowdies
6 6
LA GAZETTE DE L’ETAT
[ PART-I
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 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, 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).
6 8
LA GAZETTE DE L’ETAT
[ PART-I
68
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
No.
Police Station
the case
(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 Trial
PART-I ]
LA GAZETTE DE L’ETAT
69
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 some
(1)
(2)
(3)
(4)
(5)
7 0
LA GAZETTE DE L’ETAT
[ PART-I
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 the
PART-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 local
7 2
LA GAZETTE DE L’ETAT
[ PART-I
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.
PART-I ]
LA GAZETTE DE L’ETAT
73
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).
7 4
LA GAZETTE DE L’ETAT
[ PART-I
74
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.
PART-I ]
LA GAZETTE DE L’ETAT
75
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.
7 6
LA GAZETTE DE L’ETAT
[ PART-I
76
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
Vs
PART-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.
7 8
LA GAZETTE DE L’ETAT
[ PART-I
78
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 the
PART-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.