IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 388/2021 of I.R. No. 80/2021 under section 144 of Cr.P.C./241

ORDER

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

State Represented by the Station House Officer,

Muthialpet Police Station, Puducherry.

. .

Petitioner

Thiru Aravind @ Pipe Aravind (29),

S/o. Mohan,

No. 48, Palani Giramani Thottam, Vazhaikulam,

Muthialpet, Puducherry.

. .

Counter Petitioner

[ 113]

Registered with the Registrar

of Newspapers for India

under No. 10410

Registered No. PY/44/2021-23

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No.

Poudouchéry

Vendredi

Février

2022 (29 Magha 1943)

No.

Puducherry

Friday

18th

February

2022

114

LA GAZETTE DE L’ETAT

[ PART-I

114

This petition along with case sheet is filed by the 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 Aravind @ Pipe Aravind (29), S/o. Mohan, a resident of No. 48,

Palani Giramani Thottam, Vazhaikulam, 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. 80/2021,

under section 144 of Cr.P.C., dated 18-11-2021. Therein, it has been stated that the Counter Petitioner has formed a

gang of rowdies and bent upon indulging in crime such as anti-social activities and thereby causes 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 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. and Section

Name of the

State of the

No.

Police Station

case

(1)

(2)

(3)

(4)

253/08, under section 34 BB of PP Act, dated 06-11-2008.

Muthialpet

Conviction

02/09, under sections 324, 506(i) IPC r/w 34 IPC, dated 01-01-2009.

Muthialpet

Acquittal

185/09, under sections 294, 427, 506(ii) IPC r/w 34 IPC, dated 27-03-2009. Grand Bazaar

Acquittal

297/09, under section 34 E(i) of PP Act, dated 06-09-2009.

Muthialpet

Conviction

238/10, under sections 147, 148, 307 IPC r/w 149 IPC, dated 08-11-2010.

Muthialpet

Acquittal

189/11, under sections 147, 148, 302, r/w 149 IPC, dated 21-08-2011.

Muthailpet

Acquittal

282/11, under sections 34 EI and 34 B IX of PP Act, dated 06-11-2011.

Muthialpet

conviction

311/11, under section 27 of Arms Act and 34 B-IX of PP Act, dated 07-12-2011. Muthialpet

Acquitted

33/12, under sections 147, 427, 324, 506 (ii) IPC r/w 149 IPC, dated 06-02-2012.

Muthialpet

Acquittal

85/12, under section 27 of Arms Act and 34 B-IX of PP Act, dated 27-04-2013.

Muthialpet

Acquitted

I.R. No. 50/12, under section 151 @ 110 Cr.P.C., dated 06-06-2012.

Muthialpet

Closed

I.R. No. 65/12, under section 151 @ 110 Cr.P.C., dated 15-08-2012.

Muthialpet

Closed

199/12, under section 27 of Arms Act and 34 B-IX of PP Act.

Muthialpet

Acquitted

221/12, under section 34 B IX and 34 E1 of PP Act, 506 (ii) IPC r/w 34 IPC.

Muthialpet

Acquitted

41/13, under section 25 (1-A) of Arms Act, dated 18-03-2013.

Mudaliarpet

Acquittal

125/13, under sections 399, 402 IPC, dated 30-08-2013.

Muthialpet

Acquitted

22/14, under sections 399, 402 IPC, dated 21-02-2014.

Muthialpet

Acquittal

I.R. No. 86/2014, under section 144 Cr.P.C., dated 18-06-2014.

Muthialpet

Closed

I.R. No. 31/2016, under section 151 @ 110 Cr.P.C., dated 05-06-2016.

Muthialpet

Closed

I.R. No. 129/2016, under section 110 Cr.P.C., dated 09-11-2016.

Muthialpet

Closed

I.R. No. 06/2018, under section 110 Cr.P.C., dated 21-02-2018.

Muthialpet

Closed

PART-I ]

LA GAZETTE DE L’ETAT

115

I.R. No. 17/2019, under section 110 Cr.P.C., dated 11-03-2019.

Muthialpet

Closed

I.R. No. 59/2019, under section 110 Cr.P.C., dated 07-10-2019.

Muthialpet

Closed

Cr. No. 95/2020, under sections 120(B), 147, 148, 341, 302, 109 IPC r/w

Muthialpet

Pending Trial

149 IPC, dated 07-09-2020.

4. It is also stated in the additional information filed by the Station House Officer, dated 23-12-2021 that

the Counter Petitioner and his brother were roaming in the locality along with his associates and disturbing the

business people and extorting money from them by threatening. Also, it is reported that the Counter Petitioner

threatened the witnesses of one Ganesan murder case. It is further stated that the Counter Petitioner was recently

released from the Central Prison, Kalapet in connection with detention under Goondas Act and his presence is likely

to affect normalcy and public peace of the locality.

5. 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.

6. 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 do not to enter into the jurisdiction of this Court, for a period of two months as to prevent

danger to the human life and properties, and disturbance to the public tranquility and order.

7. The proceeding was started by affording an opportunity to the Counter Petitioner to show cause against

the petition filed by the Petitioner. A notice was served to both the parties on 08-12-2021 to appear for the hearing

on 21-12-2021 and further hearings on 23-12-2021 and 30-12-2021. 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 mother, Tmt. Pazhaniyammal. The service was held sufficient for the Counter Petitioner.

8. On 30-12-2021, the Petitioner represented by Thiru. G. Kalaiarasan, Sub-Inspector of Police, Muthialpet

Police Station, Puducherry and the Counter Petitioner were present. The learned Counsel, Thiru B. Narasimmabalan

was present and represented on behalf of the Counter Petitioner.

9. I have heard both the sides and carefully gone through all the available records in file placed by the

Petitioner. In the Police information report/Petition, it is stated that the activities of 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 various crimes such as assault, murder, disturbance to the public peace and order, etc. There are 24

criminal cases were registered against him in various Police Stations. I have also heard the oral submissions of the

Counsel for the Counter Petitioner. The learned Counsel for Counter Petitioner has stated that the Petitioner has

filed this false case with an ulterior motive.

10. Upon hearing both sides and on perusal of the records submitted by the Petitioner, I am of the opinion

that if, the Counter Petitioner is allowed to reside within the limits of my jurisdiction, the Counter Petitioner will

continue to indulge in and also motivate serious offences like murder, assault, 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;

(1)

(2)

(3)

(4)

116

LA GAZETTE DE L’ETAT

[ PART-I

116

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 Aravind @ Pipe Aravind (29), s/o. Mohan, a resident of No. 48, Palani Giramani

Thottam, Vazhaikulam, 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 30th day of December, 2021, pronounced in the open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

————

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 389/2021 of I.R. No. 81/2021 under section 144 of Cr.P.C./240

ORDER

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

State Represented by the Station House Officer,

Muthialpet Police Station, Puducherry.

. .

Petitioner

Thiru Vengadesan (33),

S/o. Mohan,

No. 48, Palani Giramani Thottam, Vazhaikulam,

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 Vengadesan (33), s/o. Mohan, a resident of No. 48, Palani Giramani

Thottam, Vazhaikulam, 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. 81/2021,

under section 144 of Cr.P.C., dated 18-11-2021. Therein, it has been stated that the Counter Petitioner has formed a

gang of rowdies and bent upon indulging in crime such as anti-social activities and thereby causes 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 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.

PART-I ]

LA GAZETTE DE L’ETAT

117

Sl.

Crime No. and Section

Name of the

State of the

No.

Police Station

case

(1)

(2)

(3)

(4)

Cr. No. 113/2007, under sections 324, 506(ii) IPC r/w 34 IPC, dated 06-05-2007 Muthialpet

Acquitted

Cr. No. 177/2007, under sections 448, 427, 323, 506(ii) IPC r/w 34 IPC,

Muthialpet

Acquitted

dated 12-07-2007.

Cr. No. 189/2007, under section 34 BB of PP Act, dated 27-07-2007

Muthialpet

Convicted

Cr. No. 48/08, under sections 341, 324, 307 IPC and 109 IPC r/w 34 IPC @ 341,

Muthialpet

Acquitted

326, 307, 201 IPC and 109 IPC r/w 34 IPC, dated 24-03-2008.

Cr. No. 185/09, under sections 294, 427, 506(ii) IPC r/w 34 IPC, dated 27-03-2009

Grand Bazaar

Acquitted

Cr. No. 02/2009, under sections 324, 506(i) IPC r/w 34 IPC, dated 01-01-2009

Muthialpet

Acquitted

Cr. No. 351/2009, under section 27 Arms Act and 34 B-IX of PP Act,

Muthialpet

Acquitted

dated 08-11-2009

Cr. No. 33/2010, under section 27 Arms Act and 34 B-IX of PP Act,

Muthialpet

Acquitted

dated 12-02-2010.

Cr. No. 156/2010, under section 302 IPC @ 147, 148, 302 IPC and 3 of

Muthialpet

Pending Trial

Explosive Substances Act r/w 149 IPC, dated 09-07-2010.

Cr. No. 238/2010, under sections 147, 148, 307 IPC r/w 149 IPC, dated 08-11-2010

Muthialpet

Pending Trial

Cr. No. 113/2011, under section 188 IPC, dated 04-05-2011

Muthialpet

Acquitted

Cr. No. 189/11, under sections 147, 148, 302 r/w 149 IPC, dated 21-08-2011

Muthialpet

Pending Trial

Cr. No. 104/2012, under section 27 of Arms Act and 34 B IX of PP Act,

Muthialpet

Acquitted

dated 01-06-12.

I.R. No. 62/12, under section 151 Cr.P.C. @ 110 Cr.P.C., dated 08-08-2012

Muthialpet

Closed

Cr. No. 222/12, under section 34 B IX and 34 E1 of PP Act, 506(ii) IPC

Muthialpet

Acquitted

r/w 34 IPC, dated 25-12-2012.

I.R. No. 18/13, under section 151 Cr.P.C. @ 110 Cr.P.C., dated 12-08-2013

Muthialpet

Closed

I.R. No. 47/13, under section 144 Cr.P.C., dated 07-11-2013

Muthialpet

Closed

Cr. No. 02/14, under section 188 IPC and 27(1) of Arms Act 1959, dated 05-01-2014

Muthialpet

Acquitted

I.R. No. 30/2016, under section 151 @ 110 Cr.P.C., dated 04-06-2016

Muthialpet

Closed

I.R. No. 08/2018, under section 110 Cr.P.C., dated 26-02-2018

Muthialpet

Closed

I.R. No. 23/2019, under section 110 Cr.P.C., dated 13-03-2019

Muthialpet

Closed

I.R. No. 60/2019, under section 110 Cr.P.C., dated 07-10-2019

Muthialpet

Closed

Cr. No. 95/2020, under section 120(B), 147, 148, 341, 302, 109 IPC r/w 149 IPC,

Muthialpet

Pending Trial

dated 07-09-2020.

4. It is also stated in the additional information filed by the Station House Officer, dated 23-12-2021, that

the Counter Petitioner and his brother were roaming in the locality along with his associates and disturbing the

business people and extorting money from them by threatening. Also, it is reported that the Counter Petitioner

threatened the witnesses of one Ganesan murder case. It is further stated that the Counter Petitioner was recently

released from the Central Prison, Kalapet in connection with detention under Goondas Act and his presence is likely

to affect normalcy and public peace of the locality.

118