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

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The Gazette of Puducherry

PART - I

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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

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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

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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).

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