IN THE COURT OF SUBDIVISIONAL MAGISTRATE AT KARAIKAL

M.C. No. 10/2022/02-02-2022/142

(I.R. No. 07/2022 of the Thirunallar Police Station,

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

Station House Officer,

Thirunallar Police Station,

Karaikal District.

. . Petitioner

Thiru Thamizhselvan @ Vetri,

S/o. Kaliyaperumal,

No. 10, Ambedkar Nagar,

Thirunallar, Karaikal.

. . Counter Petitioner

PROHIBITORY ORDER

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

Whereas, one information under I.R. No. 07/2022 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 Station House Officer, Thirunallar Police Station,

[ 135 ]

Registered with the Registrar

of Newspapers for India

under No. 10410

Registered No. PY/44/2021-23

Amﬂºƒˆ \VWÈ ∂´E>µ

La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - I

E≈©A ÿkπX|

EXTRAORDINAIRE

EXTRAORDINARY

∂]ÔV´D ÿ√u≈

Publiée par

Published by

ÿkπX|

Autorité

Authority

®ı

Amﬂºƒˆ

A>[˛wÁ\

2022 }

∏©´kˆ |

23 {

No.

Poudouchéry

Mercredi

Février

2022 (4 Phalguna 1943)

No.

Puducherry

Wednesday

23rd

February

2022

136

LA GAZETTE DE L’ETAT

[ PART-I

136

Karaikal, goes on to describe the criminal activities of the Counter Petitioner namely,

Thiru Thamizhselvan @ Vetri, son of Kaliyaperumal, who is allegedly one among

the accused to have carried out the brutal murder of the deceased namely,

K. Devamani and also he is 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 has submitted that the Counter Petitioner Thiru Thamizhselvan

@ Vetri, is 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 is a permanent residents of

Thirunallar which comes under the territorial jurisdiction of this authority. He is

reported to have been the master mind of the murder case and he had conspired

with the co-accused to carry out the murder of Devamani in order to set some score

on personal enmity with the deceased on some labour contract issue. The Counter

Petitioner is 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. The Counter Petitioner is reported to have designed and

planned to eliminate the complainant of the murder and also the main witnesses of

the murder case of 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 Petitioner as detailed in the special

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

I.R.No. 07/2022, dated 28-01-2022 under section 144 Cr.P.C., in which a case has

been registered under Crime Number 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 of Thirunallar Police Station, Karaikal and the Counter Petitioner

were arrested and remanded to the Judicial custody by the Hon’ble Court of Judicial

Magistrate-II at Karaikal and presently he is lodged in the Central Jail, Kalapet,

Puducherry. The Station House Officer of Thirunallar Police Station, Karaikal, also

states that the Counter Petitioner namely, Thiru Thamizhselvan @ Vetri, has been

listed as accused (A-11) 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 Petitioner Thiru Thamizhselvan @ Vetri, 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

Petitioner is allowed to enter into the limits of the Thirunallar and Karaikal region,

he will certainly threaten the witnesses to hinder their lawful deposition by using

their influence and that he 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 Petitioner is allowed to enter Thirunallar area, they

would get more freedom to commit similar crimes in future.

PART-I ]

LA GAZETTE DE L’ETAT

137

5. Whereas, according to the Petitioner, it is necessary to keep Counter

Petitioner 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. 07/2022, dated 28-01-2022

under sections 144 Cr.P.C. and hence, prayed before this Court that the Counter

Petitioner 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 Counter Petitioner is

allowed to move free handedly within the jurisdiction of Karaikal District, then his

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, 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 Petitioner, both hereby pass

prohibitory orders to the Counter Petitioner, Thiru Thamizhselvan @ Vetri under

sections 144 (i), (ii) and (iii) Cr.P.C., to restrain him 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 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.

Dated, this Court on this 05th day of February 2022.

M. ADHARSH,

Subdivisional Magistrate, Karaikal.

————

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

Published by the Director, Government Press, Puducherry.