IN THE COURT OF SUBDIVISIONAL MAGISTRATE KARAIKAL

M.C. No. 09/2022/02-02-2022/157

(I.R. No. 06/2022 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 Saravanan,

S/o. Perumal,

No. 13, Thopputheru,

Pettai, Thirunallar,

Karaikal.

. . Counter Petitioner

[ 139 ]

Registered with the Registrar

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Puducherry

Monday

28th

February

2022

140

LA GAZETTE DE L’ETAT

[ PART-I

140

PROHIBITORY ORDER

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

Whereas, one information under I.R. No. 06/2022 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 of

Cr.P.C. The report filed by the Station House Officer, Thirunallar Police Station,

Karaikal, goes on to describe the criminal activities of namely Thiru Saravanan,

s/o. Perumal, 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 Saravanan,

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/w149 IPC @ 148, 302,

307, 324, 120(B), 109 IPC r/w 149 IPC and is a permanent resident of Thirunallar

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

have arranged six in number of Sickles (Aruvaal) and supplied the same for

committing the crime and also allegedly to have made a payment of ` 4,000-00 to

one of the co-accused namely Charles (A-3) through Google Pay in connection with

carrying out the murder of Devamani. The Counter Petitioner is also reported to be

personally involved with 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 of 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. 06/2022, dated 28-01-2022 under section 144 of 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 I49 IPC @ I48, 302, 307, 324, 120(B),

109 IPC r/w I49 IPC of Thirunallar Police Station, Karaikal and the Counter Petitioner

was arrested and remanded to the Judicial custody by the Hon’ble Court of JM-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 Saravanan, has been listed as accused (A-10) 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 Saravanan 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 Station 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 his

PART-I ]

LA GAZETTE DE L’ETAT

141

influence and that he may threaten the witnesses and that his 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, he would get more

freedom to commit similar crimes in future.

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

Petitioner under preventive and prohibitory orders so as to curtail his criminal

activities and to ensure safety and security to the community and maintenance of

public orders under the provision of 144 of Cr.P.C., which is preventive. Hence, the

Station House Officer had registered a case in I.R.No. 06/2022, dated 28-01-2022

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

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

excepts on day when he is summoned to attend the case by the Hon’ble Courts in

Karaikal by invoking the provisions under sections 144 (i), (ii) & (iii) of 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, Karaikal

and also with in the entire jurisdiction of this Court, in Karaikal District since, his

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 Petitioner 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, doth hereby pass

prohibitory orders to the Counter Petitioner, Thiru Saravanan under sections 144

(i), (ii) and (iii) of 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 he is required by any Court of

law to comply with any lawful directions.

Dated, this 21st day of February 2022.

M. ADHARSH,

Subdivisional Magistrate, Karaikal.

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