IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 77/2022, I.R.No. 01/2022 under section 144 of Cr.P.C./1432

ORDER

(UNDER SECTION 144 OF Cr.P.C.)

State Represented by the Sub-Inspector of Police,

Grand Bazaar Police Station,

Puducherry.

. .

Petitioner

Vs

Thiru Bharath (34),

S/o. Subramanian,

No. 09, A- Block,

Anthoniar Koil Street,

Govindasalai,

Puducherry.

. .

Counter Petitioner

[ 363 ]

Registered with the Registrar

of Newspapers for India

under No. 10410

Registered No. PY/44/2021-23

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No.

56

Poudouchéry

Lundi

30

Mai

2022 (9 Jyaistha 1944)

No.

Puducherry

Monday

30th

May

2022

364

LA GAZETTE DE L’ETAT

[ PART-I

364

This petition along with case sheet is filed by the Sub-Inspector of Police,

Grand Bazaar Police Station, Puducherry, praying to pass orders under section 144

of Cr.P.C., against Thiru Bharath to prevent imminent danger to human lives and

properties, and disturbance to the public tranquility and order, in the jurisdiction

of this Court.

2. The Counter Petitioner is Thiru Bharath (34), son of Subramanian,

a resident of No. 09, A- Block, Anthoniar Koil Street, Govindasalai, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case

referred by the Station House Officer, Grand Bazaar Police Station, Puducherry,

through the Superintendent of Police (East), Puducherry vide I.R.No. 01/2022 under

section 144 of Cr.P.C., dated 19-03-2022. Therein, it has been stated that the Counter

Petitioner has formed a gang of rowdies and bent upon indulging in crime such as

murder, attempt to murder, criminal intimidation, dacoity and disturbance to the

public tranquility and order. The Counter Petitioner has created panic in the minds

of local inhabitants and the business people in the town limits. It is also stated

that he is leading lavish life with the money earned through illegal activities. As a

result, the people of the locality being afraid of the Counter Petitioner do not come

forward to lodge any complaint against him. It is also stated that even witnesses

don’t come forward voluntarily to give evidence against him in the cases where he

is the accused. In this connection, the Petitioner had stated that the following

criminal cases were registered against the Counter Petitioner.

1. Cr.No. 08/2006 under sections 324, 506(ii) IPC of Grand Bazaar Police

Station, Puducherry, dated l0-0l-2006 – Acquitted.

2. Cr.No. 301/2007 under sections 147, 148, 323, 307 r/w 149 IPC of Grand

Bazaar Police Station, Puducherry, dated l0-07-2007 – Pending Trial.

3. Cr.No. 273/2009 under sections 147, 148, 323, 307 r/w 149 IPC of Grand

Bazaar Police Station, Puducherry, dated 01-05-2009 – Pending Trial.

4. Cr.No. 20/2010 under sections 324, 506(ii) IPC r/w 34 IPC of Grand Bazaar

Police Station, Puducherry, dated 30-01-2010 – Pending Trial.

5. Cr.No. 416/2010 under sections 307, 109 IPC r/w 34 IPC of Odiansalai

Police Station, Puducherry, dated 25-10-2010 – Pending Trial.

6. Cr.No. 234/2011 under sections 147, 148, 452, 302, 307, 109 IPC r/w 149

IPC of Mudaliarpet Police Station, Puducherry, dated 09-09-2011 –

Pending Trial.

7. Cr.No. 233/2012 under sections 399, 402 IPC of Grand Bazaar Police

Station, Puducherry, dated 22-07-2012 – Pending Trial.

8. Cr.No. 341/2012 under sections 294, 427, 506(ii) IPC, dated 15-12-2012

– Pending Trial.

9. Cr.No. 113/13 under sections 27 of Arms Act & 34 B-IX of PP Act r/w

34 IPC of Lawspet Police Station, Puducherry, dated 11-07-2013 –

Pending Trial.

10. Cr.No. 108/2019 under section 427 IPC, dated 03-08.2019 of Grand Bazaar

Police Station, Puducherry – Pending Trial.

11. Cr.No. 213 /2022 under section 363 IPC @ 366 IPC and section 6 of

POCSO Act 2012 of Mudaliarpet Police Station, Puducherry.

PART-I ]

LA GAZETTE DE L’ETAT

365

4. The Petitioner stated that the Counter Petitioner is a notorious rowdy

element. It is also stated that the Counter Petitioner has involved in various offences

by using aruval, knife and explosive to attack the victims and become a source of

terror among the public. It is further stated that the Counter Petitioner is not a law

abiding citizen and have scant respect to the judiciary and rule of law.

5. It is also stated in the I.R that the Petitioner have received reliable

information that the Counter Petitioner desperate and is in dire need of money to

maintain his group of rowdy elements and to meet expenses in connection with the

trial in the pending criminal cases against him. The Counter Petitioner is hatching

plans to threaten the business people in the Puducherry urban area and extort money

from them by threatening. The Petitioner also stated that the Counter Petitioner

earned displeasure among a section of other rowdy group in the area on account

of the grudge against him and hence, rival group is also waiting opportunity to

take revenge upon him.

6. The Petitioner further submitted that if, the Counter Petitioner is allowed

to reside in Puducherry town limits, it is apprehended that he would continue to

indulge in serious offences like murder, extortion, assault, criminal intimidation,

obstructions, annoyance, etc., and thereby emerged as a perennial source of threat

to the community and disturb public peace and order. Hence, the Station House

Officer, Grand Bazaar Police Station, Puducherry, has prayed to invoke provisions

under section 144 of Cr.P.C., against the Counter Petitioner do not to enter into the

jurisdiction of this Court, for a period of two months as to prevent danger to the

human life and properties, and disturbance to the public tranquility and order;

7. The proceeding was started by affording an opportunity to the Counter

Petitioner to show cause against the petition filed by the Petitioner. A notice was

served to both the parties on 25-04-2022 to appear for the hearing on 05-05-2022 at

10.00 a.m. and subsequent hearings on 10-05-2022, 12-05-2022 and 17-05-2022.

It was instructed to serve the notice to the Counter Petitioner through the Station

House Officer, Grand Bazaar Police Station, Puducherry. The notice for the Counter

Petitioner was served by affixing it at his house in presence of two witnesses due

to absence of the Counter Petitioner at his house. The Service was held sufficient

for the Counter Petitioner.

8. On 17-05-2022, the Petitioner represented by Thiru Ayyanarappan,

Assistant Sub-Inspector, Grand Bazaar Police Station, Puducherry, was present. The

Counter Petitioner has failed to appear before the Court on hearing date.

9. I have heard the Petitioner and carefully gone through all the available

records placed before me. In the Police Information Report/Petition, it is stated that

the activities of Thiru Bharath (34), is in such a manner that he may cause breach

of peace and create a problem of law and order, and public tranquility. He has

involved in crimes such as murder, assault, obstructions and annoyance, unlawful

activities and disturbance to the public peace and order. There were 11 criminal

cases registered against him in various Police Stations.

10. On perusal of the records submitted by the Petitioner, I am of the

opinion that if, the Counter Petitioner is allowed to reside within the limits of my

jurisdiction, the Counter Petitioner will continue to indulge in and also motivate

serious offences like murder, assault, obstructions, annoyance, damages to public

and private properties, etc., and thereby become a perennial source of threat to

the community and disturb public peace and order. Such situations cannot be

handled effectively by taking recourse to usual procedures contemplated by law

and hence, it is necessary that special provision under section 144 of Cr.P.C., is

invoked to take action against the Counter Petitioner to prevent harm to life and

properties of citizens and uphold public peace and order;

366

LA GAZETTE DE L’ETAT

[ PART-I

366

11. Hence, I, M. Kandasamy, do hereby in the capacity of Subdivisional

Magistrate (North), Puducherry, in exercise of the powers conferred under section 144(1)

of the Code of Criminal Procedure, pass this order and prohibit the Counter

Petitioner Thiru Bharath (34), son of Subramanian, a resident of No. 09, A-Block,

Anthoniar Koil Street, Govindasalai, Puducherry, from entering into the region

under the jurisdiction of the Subdivisional Magistrate Court (North), for a period

of two months from the date of this order or till any further orders are passed by

the Competent Authority revoking this prohibition as per law, whichever is earlier

except when you are summoned to attend the cases in any of the Courts in

Puducherry. However, the Counter Petitioner may represent against this order before

the undersigned by post or by Counsel.

At Puducherry, dated on this 17th day of May, 2022, pronounced in the

open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

————

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 78/2022, I.R.No. 02/2022 under section 144 of Cr.P.C./1433

ORDER

(UNDER SECTION 144 OF Cr.P.C.)

State Represented by the Sub-Inspector of Police,

Grand Bazaar Police Station,

Puducherry.

. .

Petitioner

Vs

Thiru Sivaperumal @ Sathiya (24),

S/o. Saravanan,

7th Cross,

Rainbow Nagar,

Puducherry.

. .

Counter Petitioner

This petition along with case sheet is filed by the Sub-Inspector of Police,

Grand Bazaar Police Station, Puducherry, praying to pass orders under section 144

of Cr.P.C., against Thiru Sivaperumal @ Sathiya (24), to prevent imminent danger

to human lives and properties, and disturbance to the public tranquility and order,

in the jurisdiction of this Court.

2. The Counter Petitioner is Thiru Sivaperumal @ Sathiya (24), son of

Saravanan, a resident of 7th Cross, Rainbow Nagar, Puducherry.

PART-I ]

LA GAZETTE DE L’ETAT

367

3. The facts which led up to the petition are briefly as follows: The case

referred by the Station House Officer, Grand Bazaar Police Station, Puducherry,

through the Superintendent of Police (East), Puducherry vide I.R.No. 02/2022 under

section 144 of Cr.P.C., dated 19-03-2022. Therein, it has been stated that the Counter

Petitioner have formed a gang of rowdies and bent upon indulging in crime such

as murder, hurt, criminal intimidation and disturbance to the public tranquility and

order. The Counter Petitioner has created panic in the minds of local inhabitants

and the business people in the town limits. It is also stated that he is leading lavish

life with the money earned through illegal activities. As a result, the people of the

locality being afraid of the Counter Petitioner do not come forward to lodge any

complaint against him. It is also stated that even witnesses don’t come forward

voluntarily to give evidence against him in the cases where he is the accused. In

this connection, the Petitioner had stated that the following criminal cases were

registered against the Counter Petitioner.

1. Cr.No. 232/2010 under sections 457, 380 r/w 34 IPC, dated 23-10-2010

of Muthialpet Police Station, Puducherry.

2. Cr.No. 178/2011 under sections 449, 302 r/w 34 IPC, dated 09-08-2011

of Muthialpet Police Station, Puducherry.

3. Cr.No. 141/2012 under sections 148, 302, 307, 324 r/w 149 IPC, dated

22-07-2012 of Muthialpet Police Station, Puducherry.

4. Cr.No. 212/2012 under sections 356, 379 IPC r/w 34 IPC, dated 07-12-2012

of Muthialpet Police Station, Puducherry.

5. Cr.No. 142/2013 under section 379 IPC, dated 09-10-2013 of Muthialpet

Police Station, Puducherry.

6. Cr.No. 13/2015 under sections 147, 148, 302 IPC r/w 149 IPC, dated

09-02-2015 of Muthialpet Police Station, Puducherry.

7. Cr.No. 103/2015 under sections 294(b), 336, 506(ii) IPC r/w 34 IPC, dated

23-09-2015 of Muthialpet Police Station, Puducherry.

8. Cr.No. 141/2017 under sections 399, 402 IPC, dated 24-07-2017 of

Villianur Police Station, Puducherry.

9. Cr.No. 107/2018 under sections 25 (i) (a) of Arms Act & 506(ii) IPC,

dated 22-05-2018 of Grand Bazaar Police Station, Puducherry.

10. Cr.No. 120/2018 under section 34 B-IX & E1 of PP Act and 506(ii) IPC,

dated 11-12-2018 of Muthialpet Police Station, Puducherry.

11. Cr.No. 10/2019 under section 25 (i) (a) of Arms Act & 506(ii) IPC, dated

30-01-2019 of Grand Bazaar Police Station, Puducherry.

12. Cr.No. 294/2019 under sections 147, 148, 302 IPC r/w 149 IPC, dated

18-11-2019 of Vadaloor Police Station, Tamil Nadu.

13. Cr.No. 10/2021 under sections 294, 324, 506(ii) IPC r/w 34 IPC of

Odiansalai Police Station, Puducherry.

14. Cr.No. 25/2021 under sections 307 IPC r/w 34 IPC @ 147, 148, 307 IPC

r/w 148 IPC of Grand Bazaar Police Station, Puducherry.

4. The Petitioner stated that the Counter Petitioner is a notorious rowdy

element. It is also stated that the Counter Petitioner has involved in various offences

by using aruval, knife to attack the victims and become a source of terror among

the public. It is further stated that the Counter Petitioner is not a law abiding citizen

and have scant respect to the judiciary and rule of law.

368

LA GAZETTE DE L’ETAT

[ PART-I

368

5. It is also stated in the I.R that the Petitioner have received reliable

information that the Counter Petitioner desperate and is in dire need of money to

maintain his group of rowdy elements. Further stated that the Counter Petitioner is

hatching plans to threaten the business people in the Puducherry urban area and

extort money from them by threatening. The Petitioner also stated that the Counter

Petitioner earned displeasure among a section of other rowdy group in the area on

account of the grudge against him and hence, rival group is also waiting opportunity

to take revenge upon him.

6. The Petitioner further submitted that if, the Counter Petitioner is allowed

to reside in Puducherry town limits, it is apprehended that he would continue to

indulge in serious offences like murder, extortion, kidnapping, theft, snatching,

damages to public and private properties, assault, obstructions, annoyance, etc.,

and thereby emerged as a perennial source of threat to the community and disturb

public peace and order. Hence, the Station House Officer, Grand Bazaar Police

Station, Puducherry, has prayed to invoke provisions under section 144 of Cr.P.C.,

against the Counter Petitioner do not to enter into the jurisdiction of this Court,

for a period of two months as to prevent danger to the human life and properties,

and disturbance to the public tranquility and order;

7. The proceeding was started by affording an opportunity to the Counter

Petitioner to show cause against the petition filed by the Petitioner. A notice was

served to both the parties on 25-04-2022 to appear for the hearing on 05-05-2022 at

10.00 a.m. and subsequent hearings on 10-05-2022, 12-05-2022 and 17-05-2022.

It was instructed to serve the notice to the Counter Petitioner through the Station

House Officer, Grand Bazaar Police Station, Puducherry. The notice for the Counter

Petitioner was received by his wife, Tmt. Saranya. The Service was held sufficient

for the Counter Petitioner.

8. On 17-05-2022, the Petitioner represented by Thiru Ayyanarappan,

Assistant Sub-Inspector, Grand Bazaar Police Station, Puducherry, was present. The

Counter Petitioner has failed to appear before the Court on hearing date.

9. I have heard the Petitioner and carefully gone through all the available

records placed before me. In the Police Information Report/Petition, it is stated

that the activities of Thiru Sivaperumal @ Sathiya (24), is in such a manner that he

may cause breach of peace and create a problem of law and order, and public

tranquility. He has involved in crimes such as murder, assault, obstructions and

annoyance, unlawful activities and disturbance to the public peace and order. There

were 14 criminal cases registered against him in various Police Stations.

10. On perusal of the records submitted by the Petitioner, I am of the

opinion that if, the Counter Petitioner is allowed to reside within the limits of my

jurisdiction, the Counter Petitioner will continue to indulge in and also motivate

serious offences like murder, assault, obstructions, annoyance, damages to public

and private properties, etc., and thereby become a perennial source of threat to the

community and disturb public peace and order. Such situations cannot be handled

effectively by taking recourse to usual procedures contemplated by law and hence,

it is necessary that special provision under section 144 of Cr.P.C., is invoked to

take action against the Counter Petitioner to prevent harm to life and properties of

citizens and uphold public peace and order;

PART-I ]

LA GAZETTE DE L’ETAT

369

11. Hence, I, M. Kandasamy, do hereby, in the capacity of Subdivisional

Magistrate (North), Puducherry, in exercise of powers conferred under the section

144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter

Petitioner Thiru Sivaperumal @ Sathiya (24), son of Saravanan, a resident of 7th

Cross, Rainbow Nagar, Puducherry from entering into the region under the

jurisdiction of the Subdivisional Magistrate Court (North), for a period of two

months from the date of this order or till any further orders are passed by the

Competent Authority revoking this prohibition as per law, whichever is earlier except

when you are summoned to attend the cases in any of the Courts in Puducherry.

However, the Counter Petitioner may represent against this order before the

undersigned by post or by Counsel.

At Puducherry, dated on this 17th day of May, 2022, pronounced in the

open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

————

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