IN THE COURT OF SUBDIVISIONAL MAGISTRATE AT KARAIKAL

M.C. No. 06/2022/02-02-2022/305

(I.R. No. 03/2022 of the Thirunallar Police Station,

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

Station House Officer,

Thirunallar Police Station,

. . Petitioner

Karaikal.

Thiru Kaliyamoorthy,

S/o. Annasamy,

No. 35, Aranganagar,

Thirunallar,

Karaikal.

. . Counter Petitioner

[235]

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

ÿk^π¬˛wÁ\

2022 }

∞©´_ |

8 {

No.

48

Poudouchéry

Vendredi

8

Avril

2022 (18 Chaitra 1944)

No.

Puducherry

Friday

8th

April

2022

236

LA GAZETTE DE L’ETAT

[ PART-I

236

PROHIBITORY ORDER

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

Whereas, one information under I.R. No. 03/2022 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 the Counter Petitioner

namely, Thiru Kaliyamoorthy, son of Annasamy, who is allegedly had master

minded the brutal killing of the deceased namely, K.Devamani. He had conspired

with murder accused, one Manimaran (A1) to carry out the murder of the deceased.

He had personally hired the rowdy elements being the other accused from

Mayiladuthurai, Tamil Nadu, in connivance his friends like Manimaran @ Mani to

commit the murder of the deceased K.Devamani. He is reported to have planned to

indulge 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 also submitted that the Counter Petitioner

Thiru Kaliyamoorthy, 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 resident

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

a retired S S I from Tamil Nadu Police. He is also 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. 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. The Counter Petitioner along with the co-accused had planned

one and half month before committing the offence. The Counter Petitioner had

reportedly received ` 35,000 from the accused Manimaran @ Mani and in turn he had

paid ` 25,000 to the co-accused Charles @ Saran Raj and also kept ` 10,000-00

for himself.

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. 03/2022, 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 JM-II

at Karaikal and then he 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 Kaliyamoorthy, has been listed as accused (A-2)

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 JM-II Court, Karaikal vide PRC No. 1/2022.

4. Whereas, it has been brought to the notice of this Court that the Counter

Petitioner Thiru Kaliyamoorthy was granted bail by the Hon’ble High Court of

Judicature at Madras in Crl.OP.No. 6585 of 2022 by the order, dated 29-03-2022 on

conditions out of which he is bound to stay at Chennai and also to report before

the Adayar Police Station daily at 10.30 a.m. until further Orders and also he shall

not enter the Karaikal region without intimation to the Adayar Police Station and

the jurisdictional Police at Karaikal when released on bail from the Judicial custody

by the Hon’ble Courts of Law, the Counter Petitioner would certainly create Law

and order problem in the local area since, the victimized family of the deceased

PART-I ]

LA GAZETTE DE L’ETAT

237

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 influence and that he may threaten the witnesses and that his entry into

Thirunallar area may cause commission of heinous crimes without fear of law and

will give freedom to him other associates to commit such kind of crimes in future.

5. Whereas, according to the Petitioner, it is necessary to keep C.P 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 has prayed before this Court, that the Counter Petitioner may be ordered

not to enter in Karaikal region, for a period of six months except on days when he

is summoned to attend the cases 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 CP 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 within the jurisdiction of Thirunallar Police Station, Karaikal and also within

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) of 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 Kaliyamoorthy, son of Annasamy

under sections 144 (i) (ii) & (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 he is

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

Dated, this 04th day of April 2022.

M. ADHARSH,

Subdivisional Magistrate, Karaikal.

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

Published by the Director, Government Press, Puducherry.