IN THE COURT OF SUBDIVISIONAL MAGISTRATE AT KARAIKAL

M.C. No. 07/2022/02-02-2022/137

(I.R. No. 05/2022 of the Thirunallar Police Station,

dated 28-01-2022) received in this Court on 31-01-2022).

Station House Officer,

. . Petitioner

Thirunallar Police Station,

Karaikal District.

Vs.

Thiru Prabagar @ Aravinthan @ Appu,

S/o. Kaliyamoorthy,

No. 35, Aranga Nagar,

Thirunallar, Karaikal.

Thiru Guru Sintha,

. . Counter Petitioners

S/o. Kaliyamoorthy,

No. 35, Aranga Nagar,

Thirunallar, Karaikal.

[ 131 ]

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132

LA GAZETTE DE L’ETAT

[ PART-I

132

PROHIBITORY ORDER

(Under Section 144 (i), (ii) and (iii) of Cr.P.C.)

Whereas, one information under I.R. No. 05/2022 of the Thirunallar Police

Station, Karaikal, dated 28-01-2022, was received in this Court on 31-01-2022 as a

special report filed by the Station House Officer concerned under section 144 Cr.P.C.

The report filed by the Staion House Officer, Thirunallar Police Station, Karaikal,

goes on to describe the criminal activities of the Counter Petitioners, namely:-

(i) Thiru Prabagar @ Aravinthan @ Appu, s/o. Kaliyamoorthy and (ii) Thiru Guru

Sintha, s/o. Kaliyamoorthy who are allegedly one among the accused to have

carried out the brutal murder of the deceased namely, K. Devamani. It was reported

that the accused, Prabagar @ Aravinthan @ Appu and Guru Sintha had watched

the movement of the deceased and informed the same to the co-accused Manimaran

through Whatsapp call and Phone call respectively, and thereby abetted to commit

murder of Devamani and also they are reported to have been indulging in serious

offences like, extortion, hurt, criminal intimidation and thereby would become

a perennial source of threat to the community and disturbance to the public

tranquility.

2. The Petitioner further submitted that the Counter Petitioners Thiru

Prabagar @ Aravinthan @ Appu and Thiru Guru Sintha are involved in the murder

case of Devamani in Cr. No. 160/2021 under sections 148, 302, 307 IPC r/w 149 IPC

@ 148, 302, 307, 120(B),109 IPC r/w 149 IPC @ 148, 302, 307, 324, 120(B), 109 IPC

r/w 149 IPC and are the permanent residents of Thirunallar which comes under the

territorial jurisdiction of this authority. They are reported to have designed and to

eliminate the complainant and main witnesses of the murder case of Devamani.

Whereas, the Counter Petitioners are also reported to be personally involved to

hire the rowdy elements and other co-accused from Mayiladuthurai, Tamil Nadu,

to carry out the murder of the deceased Devamani.

3. Whereas, the information laid by the Station House Officer, Thirunallar

Police Station, Karaikal, under section 144 Cr. P.C. who has listed out the record of

previous case registered against the Counter Petitioners as detailed in the special

report filed by the Station House Officer, Thirunallar Police Station, Karaikal vide

I.R. No. 05/2022, dated 28-01-2022 under section 144 Cr.P.C. in which a case has

been registered under Crime Number 160/2021 viz. 148, 302, 307 IPC r/w 149 IPC@148,

302, 307, 120(B), 109 IPC r/w 149 IPC @ 148, 302, 307, 324, 120(B), 109 IPC r/w 149

IPC of Thirunallar Police Station, Karaikal, and the Counter Petitioners were arrested

and remanded to the Judicial custody by the Hon’ble Court of Judicial Magistrate-II

at Karaikal and presently. They are lodged in the Central Jail, Kalapet, Puducherry.

The Station House Officer of Thirunallar Police Station, Karaikal, also states that

the Counter Petitioners, namely Thiru Prabagar @ Aravinthan @ Appu and

Thiru Guru Sintha have been listed as accused (A-12) and (A-13) in this case while

the crime investigation has been completed and the case has been charge sheeted

on 21-01-2022 vide charge-sheet No. 3/2022 and the case remains pending trial before

the Hon’ble Judicial Magistrate-II Court, Karaikal vide PRC No. 1/2022.

4. Whereas, the Petitioner further submits that in view of the above

reasons, the Counter Petitioners Thiru Prabagar @ Aravinthan @ Appu and Thiru

Guru Sintha when released on bail from the Judicial custody by the Hon’ble Courts

of Law would certainly create Law and Order problem in the local area since the

victimized family of the deceased and also the supporters of the deceased are in

agitated and retaliatory mood that may cause certain deterioration of Law and Order

and public tranquility in Thirunallar area. The Staion House Officer also reiterated

that if, the Counter Petitioners are allowed to enter into the limits of the Thirunallar

PART-I ]

LA GAZETTE DE L’ETAT

133

and Karaikal region, they will certainly threaten the witnesses to hinder their lawful

deposition by using their influence and that they may threaten the witnesses and

that their entry into Thirunallar area may cause communal clashes between two

different community groups since, the victimized and the accused belong to two

different communities and also that, if, the Counter Petitioners are allowed to enter

Thirunallar area, they would get more freedom to commit similar crimes in future.

5. Whereas, according to the Petitioner, it is necessary to keep C.P’s under

preventive and prohibitory orders so as to curtail their criminal activities and to

ensure safety and security to the community and maintenance of public orders

under the provision of 144 Cr. P.C. which is preventive. Hence, the Station House

Officer had registered a case in I.R. No. 05/2022, dated 28-01-2022 under sections

144 (i), (ii) and (iii) Cr. P.C. and hence, prayed before this Court that the Counter

Petitioners may be ordered not to enter in Karaikal region, for a period of six months

excepts on days when they are summoned to attend the cases by the Hon’ble Courts

in Karaikal by invoking the provisions under sections 144(i), (ii), and (iii) Cr. P.C.

6. Whereas, I am satisfied that based on the information placed before me

and other facts which are brought out through enquiry report placed by the Station

House Officer, Thirunallar Police Station, Karaikal, that if, the C.P’s are allowed to

move free handedly within the jurisdiction of Karaikal District, then their free

movement would cause fear and apprehension in the minds of general public which

would also severely affect the public tranquility, good order, common peace in the

area of living with in the jurisdiction of Thirunallar Police Station and also with in

the entire jurisdiction of this Court in Karaikal District since, their close association

with the hooligans and gangsters of the neighboring State of Tamil Nadu would

certainly instigate many more criminal activities to send fearsome sense of

insecurity of life in the minds of general public if, the movements of the Counter

Petitioners are not contained by the Prohibitory Orders.

7. Whereas, this present situation demands urgent action towards

maintenance of Law and Order conditions in the entire area under the jurisdiction

of this Court. Issue of show cause notice and conduct of enquiry are not feasible

due to time constraint, hence, this Court prefers to impose provisions as contained

under section l44(ii) Cr.P.C. to issue the prohibitory orders under sections 144(i),

(ii) and (iii) Cr.P.C. as ex parte.

8. Hence, I, Thiru M. Adharsh, Subdivisional Magistrate, Karaikal, after

going through the information laid before me and also after satisfying myself of

the need for prohibition of certain activities of the Counter Petitioners, doth hereby

pass prohibitory orders to the Counter Petitioners:- (i) Thiru Prabagar @ Aravinthan

@ Appu, S/o. Kaliyamoorthy and (ii) Thiru Guru Sintha, S/o. Kaliyamoorthy-under

sections 144 (i), (ii) & (iii) Cr. P.C. to restrain them not to enter into the entire region

of Karaikal District which is under the jurisdiction of this Court, for a period of

2 (two) months (or) 60 (sixty) days with effect from the date of issue of this order

(or) till any further order passed by the Competent Authority revoking this

Prohibitory Order as per law whichever is earlier, except for the days when they

are required by any Court of law to comply with any lawful directions.

Given under my hand and seal of this Court, on this l5th day of February 2022.

M. ADHARSH,

Subdivisional Magistrate, Karaikal.

online publication at “https://styandptg.py.gov.in”

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