IN THE COURT OF SUBDIVISIONAL MAGISTRATE

AT KARAIKAL

M.C. No. 08/2022/02-02-2022/254

(i) (I.R. No. 04/2022 of the Thirunallar Police Station,

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

(ii) Additional report against the Counter Petitioner received from

the Station House Officer, Thirunallar on 11-03-2022.

Station House Officer,

Thirunallar Police Station.

. . Petitioner

Thiru Thavamani @ Pappa,

W/o. Harikrishnan,

Melaveethi,

Thirunallar,

Karaikal.

. . Counter Petitioner

[217]

Registered with the Registrar

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No.

Poudouchéry

Jeudi

Mars

2022 (10 Chaitra 1944)

No.

Puducherry

Thursday

31st

March

2022

218

LA GAZETTE DE L’ETAT

[ PART-I

218

PROHIBITORY ORDER

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

Whereas, one information under I.R. No. 04/2022 of the Thirunallar Police

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

information laid under section 144 of Cr. P.C. and also one additional report dated

09-03-2022 filed by the Station House Officer concerned also was received in this

Court on 11-03-2022. The report filed by the Staion House Officer, Thirunallar Police

Station, Karaikal, goes on to describe the criminal activities of the Counter

Petitioner namely, Thuru Thavamaini @ Pappa, wife of Harikrishnan who is

allegedly one among the accused to have carried out the brutal murder of

the deceased namely, K. Devamani and also she along with her co-accused are

reported to have planned to indulging in serious offences like, extortion, hurt with

criminal intimidation and thereby would become a perennial source of threat to the

community and disturbance to the public tranquility.

2. The Petitioner has further submitted to this Court that the Counter

Petitioner Thiru Thavamani @ Pappa, 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 was

arrested and lodged in the Central Prison, Puducherry under judicial custody. The

Counter Petitioner is a permenent resident of Thirunallar which comes under the

territorial jurisdiction of this Court. She is reported to have been involved in the

murder case and also herself on the instigation of the co-accused Manimaran

@ Mani, she had kept the sickles (aruval) in the rear side of the accused

Manimaran’s auto which was used for the commission of the murder of Devamani

and thereby abetted to commit the murder of Devamani and also had reportedly

instructed the accused concerned in this case to kill 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. 04/2022, 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 149 IPC @ 148, 302, 307, 324, 120(B), 109

IPC r/w 149 IPC of Thirunallar Police Station, Karaikal, and the Counter Petitioner

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

Magistrate-II at Karaikal and presently she was lodged in the Central Jail, Kalapet,

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

states that the Counter Petitioner namely, Thiru Thavamani @ Pappa, has been

listed as accused (A-3) in this murder 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 in the additional report dated, 09-

03-2022 that the Counter Petitioner Thavamani @ Pappa, was granted bail by the

Hon’ble High Court of Judicature at Madras in Crl. OP. No. 3654 of 2022 on

conditions out of which she is bound to stay at Pondicherry and also to report

before Grand Bazar Police Station daily at 10.30. a.m. for a period of three months

from the date of her release on bail. When released on bail from the Judicial custody

by the Hon’ble Court of Law, the Counter Petitioner 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

PART-I ]

LA GAZETTE DE L’ETAT

219

Staion House Officer also reiterated that if, the Counter Petitioner is allowed to enter

into the limits of the Thirunallar and Karaikal region, she will certainly threaten the

witnesses to hinder their lawful deposition by using her influence and that he may

threaten the witnesses and that their entry into Thirunallar area may cause

commission of heinous crimes without fear of law and will give freedom to her other

associates to commit such kind of 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 their 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. 04/2022, dated 28-01-2022

under sections 144 of Cr.P.C. and also 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) 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 and also

with in the entire jurisdiction of this Court in Karaikal District, Since, her 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 was 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) of Cr.P.C., to issue the prohibitory orders under sections 144(i),

(ii) and (iii) of 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 Thavamani @ Pappa under

sections 144 (i), (ii) and (iii) Cr. of 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 she is

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

Dated, this Court on this 18th day of March 2022.

M. ADHARSH,

Subdivisional Magistrate, Karaikal.

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