M.C. No. 91/2022 of I.R. No. 01/2022 under section 144 of Cr.P.C./1534.

Registered No. PY/44/2021-23 Registered with the Registrar of Newspapers for India under No. 10410 Amﬂºƒˆ \VWÈ ∂´E>µ La Gazette de L' État de Poudouchéry The Gazette of Puducherry

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No. 67 Poudouchéry Mercredi 15 Juin 2022 (25 Jyaistha 1944)

No. Puducherry Wednesday 15th June 2022

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 91/2022 of I.R. No. 01/2022 under section 144 of Cr.P.C./1534

ORDER

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

State Represented by the Station House Officer, Muthialpet Police Station,

Puducherry.

. . Petitioner

Thiru Vengadesan (34), S/o. Mohan, No. 48, Palani Giramani Thottam, Vazhaikulam, Muthialpet, Puducherry.

. . Counter Petitioner

[ 517]LA GAZETTE DE L'ETAT [ PART-I 518 518 This petition along with case sheet is filed by Station House Officer, Muthialpet Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against the Counter Petitioner 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 Vengadesan (34), s/o. Mohan, a resident of No. 48, Palani Giramani Thottam, Vazhaikulam, Muthialpet, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case submitted by the Station House Officer, Muthialpet Police Station through the Superintendent of Police (East), Puducherry vide I.R.No. 01/2022, under section 144 of Cr.P.C., dated 19-04-2022. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime such as anti-social activities thereby causes 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 Muthialpet Police Station, Puducherry limits. It is also stated that he is leading lavish life with the money earned from the public and business people by threatening. As a result, the people of the locality, being afraid of the Counter Petitioner, do not come forward to lodge any complaint against him. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.

Sl. Crime No. and Section Name of the Stage of the No.

Police Station case (1)

(2)

(3) (4) 1 Cr. No. 113/2007 under sections 324, 506(ii) IPC r/w 34 IPC, dated 06-05-2007. Muthialpet Acquitted 2 Cr. No. 177/2007 under sections 448, 427, 323, 506(ii) IPC r/w 34 IPC, Muthialpet Acquitted dated 12-07-2007.

3 Cr. No. 189/2007 under section 34 BB of PP Act, dated 27-07-2007. Muthialpet Convicted 4 Cr. No. 48/08 under sections 341, 324, 307 IPC and 109 IPC r/w 34 IPC @ Muthialpet Acquitted 341, 326, 307, 201 IPC and 109 IPC r/w 34 IPC, dated 24-03-2008.

5 Cr. No. 185/09 under sections 294, 427, 506(ii) IPC r/w 34 IPC, dated Grand Bazaar Acquitted 27-03-2009.

Police Station

6 Cr. No. 02/2009 under sections 324, 506(i) IPC r/w 34 IPC, dated 01-01-2009. Muthialpet Acquitted 7 Cr. No. 351/2009 under section 27 Arms Act and 34 B-IX of PP Act, dated Muthialpet Acquitted 08-11-2009.

8 Cr. No. 33/2010 under section 27 Arms Act and 34 B-IX of PP Act, dated Muthialpet Acquitted 12-02-2010.

9 Cr. No. 156/2010 under section 302 IPC @ 147, 148, 302 IPC and Muthialpet Acquitted 3 of Explosive Substances Act r/w 149 IPC, dated 09-07-2010.

10 Cr. No. 238/2010 under sections 147, 148, 307 IPC r/w 149 IPC, dated Muthialpet Acquitted 08-11-2010.

11 Cr. No. 113/2011 under section 188 IPC, dated 04-05-2011. Muthialpet Acquitted 12 Cr. No. 189/11 under sections 147, 148, 302, r/w 149 IPC, dated 21-08-2011. Muthialpet Acquitted 13 Cr. No. 104/2012 under section 27 of Arms Act & 34 B IX of PP Act, Muthialpet Acquitted dated 01-06-2012.

14 I.R. No. 62/12 under section 151 Cr.P.C @ 110 Cr.P.C., dated 08.08.2012. Muthialpet Closed 15 Cr. No. 222/12 under sections 34 B IX and 34 E1 of PP Act, 506(ii) IPC Muthialpet Acquitted r/w 34 IPC, dated 25-12-2012.

PART-I ] LA GAZETTE DE L'ETAT 519

(1)

(2)

(3) (4) 16 I.R. No. 18/13 under section 151 Cr.P.C. @ 110 Cr.P.C., dated 12-08-2013. Muthialpet Closed 17 I.R. No. 47/13 under section 144 Cr.P.C., dated 07-11-2013. Muthialpet Closed 18 Cr. No. 02/14 under section 188 IPC & 27(1) of Arms Act 1959, dated Muthialpet Acquitted 05-01-2014.

19 I.R. No. 30/2016 under section 151 @ 110 Cr.P.C., dated 04-06-2016. Muthialpet Closed 20 I.R. No. 08/2018 under section 110 Cr.P.C., dated 26-02-2018. Muthialpet Closed 21 I.R. No. 23/2019 under section 110 Cr.P.C., dated 13-03-2019. Muthialpet Closed 22 I.R. No. 60/2019 under section 110 Cr.P.C., dated 07-10-2019. Muthialpet Closed 23 Cr. No. 95/2020 under sections 120(B), 147, 148, 341, 302, 109 IPC Muthialpet Pending Trial r/w 149 IPC, dated 07-09-2020.

4. It is also stated in the I.R. that the Station House Officer has received reliable information that the Counter Petitioner is desperate and is in dire need of money to maintain his rowdy gang to meet out in case trials and daily expenses. The Petitioner further stated that the Counter Petitioner is not a law abiding person and therefore, his criminal activities cannot be prevented by invoking the mere security proceedings under the Cr.P.C. 5. The Petitioner further stated that if, the Counter Petitioner is allowed to reside in Muthialpet limits, it is apprehended that he would continue to indulge in serious offences like attempt to murder, hurt, damages, assault and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Station House Officer, Muthialpet Police Station 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.

6. 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 25-05-2022 to appear for the hearing on 07-06-2022 at 10.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Muthialpet Police Station, Puducherry. The notice for the Counter Petitioner was received by his mother, Tmt. Pazhaniyammal. The service was held sufficient for the Counter Petitioner.

7. On 07-06-2022, the Petitioner Thiru P. Sivaprakassam, Sub-Inspector of Police, Muthialpet Police Station, Puducherry and the Counter Petitioner were present. The learned Counsel, Thiru B. Narasimmabalan was present and represented on behalf of the Counter Petitioner.

8. I have heard both the sides and carefully gone through all the available records in file placed by the Petitioner. In the Police information report/petition, it is stated that the activities of the Counter Petitioner 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 assault,murder, disturbance to the public peace and order, etc. There are 23 criminal cases were registered against him in various Police Stations. I have also heard the oral submissions of the Counsel for the Counter Petitioner. The learned Counsel for Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.

9. Upon hearing both sides and 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, damages to 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;

LA GAZETTE DE L'ETAT [ PART-I 520 520

10. 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 Vengadesan (34), s/o. Mohan, a resident of No. 48, Palani Giramani Thottam, Vazhaikulam, Muthialpet, 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 07th day of June, 2022, pronounced in the open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

————

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 92/2022 of I.R. No. 02/2022 under section 144 of Cr.P.C./1600

ORDER

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

State Represented by the Station House Officer,

Muthialpet Police Station,

Puducherry.

. . Petitioner

Thiru Aravind @ Pipe Aravind (29),

S/o. Mohan,

No. 48, Palani Giramani Thottam,

Vazhaikulam, Muthialpet, Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by Station House Officer, Muthialpet Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against the Counter Petitioner 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 Aravind @ Pipe Aravind (29), s/o. Mohan, a resident of No. 48, Palani Giramani Thottam, Vazhaikulam, Muthialpet, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case submitted by the Station House Officer, Muthialpet Police Station through the Superintendent of Police (East), Puducherry vide I.R.No. 02/2022, under section 144 of Cr.P.C., dated 19-04-2022. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime such as anti-social activities thereby causes 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 Muthialpet Police Station, Puducherry limits. It is also stated that he is leading lavish life with the money earned from the public and business people by threatening. As a result, the people of the locality, being afraid of the Counter Petitioner, do not come forward to lodge any complaint against him. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.

PART-I ] LA GAZETTE DE L'ETAT 521

Sl. Crime No. and Section Name of the Stage of the No.

Police Station case (1)

(2)

(3) (4) 1 253/08 under section 34 BB of PP Act, dated 06-11-2008 Muthialpet Conviction 2 02/09 under sections 324, 506(i) IPC r/w 34 IPC, dated 01-01-2009. Muthialpet Acquittal 3 185/09 under sections 294, 427, 506(ii) IPC r/w 34 IPC, dated 27-03-2009. Grand Bazaar Acquittal 4 297/09 under section 34 E(i) of PP Act, dated 06-09-2009. Muthialpet Conviction 5 238/10 under sections 147, 148, 307 IPC r/w 149 IPC, dated 08-11-2010. Muthialpet Acquittal 6 189/11 under sections 147, 148, 302, r/w 149 IPC, dated 21-08-2011. Muthailpet Acquittal 7 282/11 under sections 34 EI and 34 B IX of PP Act, dated 06-11-2011. Muthialpet conviction 8 311/11 under section 27 of Arms Act & 34 B-IX of PP Act, dated 07-12-2011. Muthialpet Acquitted 9 33/12 under sections 147, 427, 324, 506(ii) IPC r/w 149 IPC, dated 06-02-2012. Muthialpet Acquittal 10 85/12 under section 27 of Arms Act and 34 B-IX of PP Act, dated 27-04-2013. Muthialpet Acquitted 11 Ir. No. 50/12 under section 151 @ 110 Cr.PC., dated 06-06-2012. Muthialpet Closed 12 Ir. No. 65/12 under section 151 @ 110 Cr.PC., dated 15-08-2012. Muthialpet Closed 13 199/12 under section 27 of Arms Act and 34 B-IX of PP Act. Muthialpet Acquitted 14 221/12 under sections 34 B IX and 34 E1 of PP Act, 506(ii) IPC r/w 34 IPC. Muthialpet Acquitted 15 41/13 under section 25 (1-A) of Arms Act, dated 18-03-2013. Mudaliarpet Acquittal 16 125/13 under sections 399, 402 IPC, dated 30-08-2013. Muthialpet Acquitted 17 22/14 under sections 399, 402 IPC, dated 21-02-2104. Muthialpet Acquittal 18 I.R No.86/2014 under section 144 Cr.P.C, dated 18-06-2014. Muthialpet Closed 19 I.R No.31/2016 under section 151 @ 110 Cr.P.C, dated 05-06-2016. Muthialpet Closed 20 I.R No.129/2016 under section 110 Cr.P.C, dated 09-11-2016. Muthialpet Closed 21 I.R. No. 06/2018 under section 110 Cr.P.C., dated 21-02-2018. Muthialpet Closed 22 I.R No. 17/2019 under section 110 Cr.P.C., dated 11-03-2019. Muthialpet Closed 23 I.R. No. 59/2019 under section 110 Cr.P.C., dated 07-10-2019. Muthialpet Closed 24 Cr. No. 95/2020 under sections 120(B), 147, 148, 341, 302, 109 IPC r/w Muthialpet Pending Trial 149 IPC, dated 07-09-2020.

5. The Petitioner further stated that if, the Counter Petitioner is allowed to reside in Muthialpet limits, it is apprehended that he would continue to indulge in serious offences like attempt to murder, hurt, damages, assault and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Station House Officer, Muthialpet Police Station 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.

LA GAZETTE DE L'ETAT [ PART-I 522 522

6. 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 25-05-2022 to appear for the hearing on 07-06-2022 at 10.00 a.m. and further hearing on 08-06-2022. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Muthialpet Police Station, Puducherry. The notice for the Counter Petitioner was received by his mother, Tmt. Pazhaniyammal. The service was held sufficient for the Counter Petitioner.

7. On 08-06-2022, the Petitioner Thiru P. Sivaprakassam, Sub-Inspector of Police, Muthialpet Police Station, Puducherry and the Counter Petitioner were present.

8. I have heard both the sides and carefully gone through all the available records in file placed by the Petitioner. In the Police information report/petition, it is stated that the activities of the Counter Petitioner 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 various crimes such as assault, murder, disturbance to the public peace and order, etc. There are 24 criminal cases were registered against him in various Police Stations. I have also heard the oral submissions of the Counter Petitioner. The Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.

10. 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 Aravind @ Pipe Aravind (29), s/o. Mohan, a resident of No. 48, Palani Giramani Thottam, Vazhaikulam, Muthialpet, 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 08th day of June, 2022, pronounced in the open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

————

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 93/2022 of I.R. No. 05/2022 under section 144 of Cr.P.C./1537

ORDER

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

State Represented by the Station House Officer, Muthialpet Police Station, Puducherry.

. . PetitionerPART-I ] LA GAZETTE DE L'ETAT 523 Vs

Thiru Prabu @ Narayanan (33), S/o. Ganesan, No. 17, Raja Gopal Giramani Thottam, Chinnaiyapuram, Muthialpet, Puducherry.

. . Counter Petitioner

2. The Counter Petitioner is Thiru Prabu @ Narayanan (33), s/o. Ganesan, a resident of No. 17, Raja Gopal Giramani Thottam, Chinnaiyapuram, Muthialpet, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case submitted by the Station House Officer, Muthialpet Police Station through the Superintendent of Police (East), Puducherry vide I.R.No. 05/2022, under section 144 of Cr.P.C., dated 22-04-2022. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime such as anti-social activities thereby causes 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 Muthialpet Police Station, Puducherry limits. It is also stated that he is leading lavish life with the money earned from the public and business people by threatening. As a result, the people of the locality, being afraid of the Counter Petitioner, do not come forward to lodge any complaint against him. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.

Sl. Crime No. and Section Name of the Stage of the No.

Police Station case (1)

(2)

(3) (4) 1 Cr. No. 169/2004 under section 34 BB of PP Act, dated 23-07-2004. Muthialpet Conviction 2 Cr. No. 09/2005 under sections 341, 324, 506(ii) IPC r/w 34 IPC. Muthialpet Conviction 3 Cr. No. 76/2005 under section 12 of PG Act, dated 06-5-2005. Muthialpet Conviction 4 Cr. No. 127/2005 under section 160 IPC, dated 12-07-2005. Muthialpet Conviction 5 Cr. No. 129/2005 under sections 341, 323, 506(ii) IPC, dated 13-07-2005. Muthialpet Conviction 6 Cr. No. 211/2007 under section 379 IPC, dated 16-08-2007. Muthialpet Acquittal 7 Cr.No. 01/2008 under section 3 of PDPP Act, dated 01-8-2008. Muthialpet Conviction 8 Cr. No. 116/2008 under section 379 IPC, dated 12-06-2008. Muthialpet Acquittal 9 Cr. No. 218/2011 under sections 144, 150 IPC r/w 149 IPC and 27 of Arms Act. Muthialpet Acquittal 10 Cr.No. 230/2011 under sections 294, 506(ii) IPC and 120-B IPC r/w 34 IPC. Muthialpet Pending Trial 11 Cr.No. 03/2009 under sections 448, 323, 427, 506(ii) IPC r/w 34 IPC. Muthialpet Pending Trial 12 Cr.No. 38/14 under sections 399, 402 IPC, dated 16-03-2014. Orlenpet Acquittal 13 Cr. No. 871/2017 under section 286 IPC r/w 4(1) (b) 5, 6 of Explosive Auroville Pending Trial Substance Act 1908 r/w 109 IPC.

14 Cr. No. 81/2018 under sections 114, 147, 148, 341, 302, 109, 120-B IPC r/w 149 IPC. Muthialpet Pending Trial 4. It is also stated in the I.R. that the Station House Officer has received reliable information that the Counter Petitioner is desperate and is in dire need of money to maintain his rowdy gang to meet out in case trials and daily expenses. The Petitioner further stated that the Counter Petitioner is involved in selling of ganjas to teenagers and he is not a law abiding person and therefore, his criminal activities cannot be prevented by invoking the mere security proceedings under the Cr.P.C.

5. The Petitioner further sumbitted that if, the Counter Petitioner is allowed to reside in Muthialpet limits, it is apprehended that he would continue to indulge in serious offences like attempt to murder, hurt, damages, assault and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence,LA GAZETTE DE L'ETAT [ PART-I 524 524 the Station House Officer, Muthialpet Police Station 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.

6. 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 25-05-2022 to appear for the hearing on 07-06-2022 at 10.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Muthialpet Police Station, Puducherry. The notice was received by the Counter Petitioner.

7. On 07-06-2022, the Petitioner Thiru P. Sivaprakassam, Sub-Inspector of Police, Muthialpet Police Station, Puducherry and the Counter Petitioner were present.

8. I have heard both the sides and carefully gone through all the available records in file placed by the Petitioner. In the Police information report/petition, it is stated that the activities of the Counter Petitioner 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 assault, murder, disturbance to the public peace and order, etc. There are 14 criminal cases were registered against him in various Police Stations. I have also heard the oral submissions of the Counter Petitioner. The Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.

10. 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 Prabu @ Narayanan (33), s/o. Ganesan, a resident of No. 17, Raja Gopal Giramani Thottam, Chinnaiyapuram, Muthialpet, 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 07th day of June, 2022, pronounced in the open Court.

M. KANDASAMY, Subdivisional Magistrate (North).

————

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 94/2022 of I.R. No. 06/2022 under section 144 of Cr.P.C./1536

ORDER

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

State Represented by the Station House Officer, Muthialpet Police Station, Puducherry.

. . Petitioner

VsPART-I ] LA GAZETTE DE L'ETAT 525 Thiru Sivakumar @ Siva @ Track Siva (33), S/o. Veerappan, No. 07, Thiruvalluvar Street, Viswanathan Nagar, Muthialpet, Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by Station House Officer, Sub-Inspector of Police, Muthialpet Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against Thiru Sivakumar @ Siva @ Track Siva 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 Sivakumar @ Siva @ Track Siva (33), s/o. Veerappan, a resident of No. 07, Thiruvalluvar Street, Viswanathan Nagar, Muthialpet, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case submitted by the Station House Officer, Muthialpet Police Station through the Superintendent of Police (East), Puducherry vide I.R.No. 06/2022, under section 144 of Cr.P.C., dated 22-04-2022. Therein, it has been stated that the Counter Petitioner have formed a gang of rowdies and bent upon indulging in crime such as 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 Muthialpet Police Station, Puducherry limits. It is also stated that he is leading lavish life with the money earned from the public and business people by threatening. As a result, the people of the locality, being afraid of the Counter Petitioner, do not come forward to lodge any complaint against him. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.

Sl. Crime Section Name of the Stage of Police station the case No. No.

(1) (2)

(3)

(4) (5) 1 09/05 Under sections 341, 324, 506 (ii) IPC r/w 34 IPC Muthialpet Convicted 2 42/05 Under sections 448, 427 506 (ii) r/w 34 IPC Muthialpet Acquittal 3 298/05 324 IPC r/w 34 IPC

Grand Bazaar Acquittal 4 233/06 Under section 25 of Arms Act Muthialpet Acquittal 5 269/06 294, 427, 506 (ii) 34 IPC Muthialpet Acquittal 6 57/07 324, 506 (ii) r/w 34 IPC Muthialpet Acquittal 7 303/07 Under section 25 of Arms Act Muthialpet Acquittal 8 116/08 379 r/w 34 IPC

Muthialpet Acquittal 9 302/10 Under sections 147, 148, 302 r/w 149 IPC Grand Bazaar Acquittal 10 307/10 324, 506(ii) r/w 34 IPC

Odiansalai Acquittal 11 117/11 Under sections 147, 148, 307 IPC r/w 149 IPC and 3(a) of Muthialpet Acquittal Explosive Substances Act, 1908.

12 05/12 Under sections 147, 387, 323 IPC r/w 149 IPC, dated 14-01-2012. Kalapet Acquittal 13 32/12 Under sections 147, 427, 324, 506(ii) r/w 149 IPC, dated 06-02-2012. Muthialpet Acquittal 14 218/12 Under sections 386, 427 IPC and 3 of Explosive Substances Orleanpet Pending Trial Act r/w 34 IPC.

15 220/12 Under sections 399, 402 IPC Orleanpet Pending Trial 16 214/13 Under sections 398 IPC

Cuddalore OT, Pending Trial

Muthu Nagar (TN).

LA GAZETTE DE L'ETAT [ PART-I 526 526

(1) (2)

(3)

(4) (5) 17 110/13 Under sections 147, 148, 307, 399 and 27(i) of Arms Act and Annamalai Nagar, Pending Trial 3 of Explosives Substances Act. Chidambaram (TN).

18 23/17 Under sections 5 of the Explosive Substances Act, 1908 Muthialpet Pending Trial 19 871/2017 Under section 286 IPC r/w 4(1) (b) 5, 6 of Explosive Substances Auroville (TN) Pending Trial Act, 1908 r/w 109 IPC.

20 94/18 Under section 25(1) (A) Arms Act, 1959 Muthialpet Pending Trial 21 108/19 Under section 294(b), 394 r/w 34 IPC Reddiyapalayam Pending Trial 4. The Petitioner has also submitted that the Counter Petitioner is not a law abiding citizen and he has often violated the conditions imposed by the Court while he was released on bail. It is also stated that the Counter Petitioner has become a source of terror among the public. It is further stated that he is involved in selling of ganjas to teenagers and also very active notorious rowdy element and his associates are often doing rowdism, collecting mamools from the business people and therefore, his criminal activities cannot be prevented by invoking the security proceedings under the Cr.P.C.

5. The Petitioner further sumbitted that if, the Counter Petitioner is allowed to reside in Muthialpet limits, it is apprehended that he would continue to indulge in serious offences like attempt to murder, hurt, damages, assault and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Station House Officer, Muthialpet Police Station has prayed to invoke provisions under section 144 Cr.P.C. against the Counter Petitioner to 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.

6. 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 25-05-2022 to appear for the hearing on 07-06-2022 at 10.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Muthialpet Police Station, Puducherry. The notice for the Counter Petitioner was received by his wife, S. Santhiya. The service was held sufficient for the Counter Petitioner.

7. On 07-06-2022, the Petitioner Thiru P. Sivaprakassam, Sub-Inspector of Police, Muthialpet Police Station, Puducherry and the Counter Petitioner were present.

8. I have heard both the sides and carefully gone through all the available records in file placed by the Petitioner. In the Police information report/petition, it is stated that the activities of Thiru Sivakumar @ Siva @ Track Siva is in such a manner that they 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, unlawful activities and disturbance to the public peace and order. There were 21 criminal cases registered against him in various Police Stations. I have also heard the oral submissions of the Counter Petitioner. The Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.

9. Upon hearing both sides and 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, damages to 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 527

10. 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 Sivakumar @ Siva @ Track Siva (33), s/o. Veerappan, a resident of No. 07, Thiruvalluvar Street, Viswanathan Nagar, Muthialpet, 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 07th day of June, 2022, pronounced in the open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

————

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 97/2022 of I.R. No. 09/2022 under section 144 of Cr.P.C./1533

ORDER

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

State Represented by the Station House Officer,

Muthialpet Police Station,

Puducherry.

. . Petitioner

Thiru Gnanasegar (32),

S/o. Munusamy,

No. 53, Maravady Street,

Kurusukuppam, Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by Station House Officer, Muthialpet Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against Thiru Gnanasegar (32) to prevent imminent danger to human lives and properties and disturbance to the public tranquility and order, in the jurisdiction of this Court.

2. T h e C o u n t e r P e t i t i o n e r i s T h i r u Gnanasegar (32), s/o. Munusamy, a resident of No. 53, Maravady Street, Kurusukuppam, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case is submitted by the Station House Officer, Muthialpet Police Station through the Superintendent of Police (East), Puducherry vide I.R.No. 07/ 2022, under section 144 of Cr.P.C., dated 28-04-2022. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime such as disturbance to the public tranquility and order by showing deadly weapons. The Counter Petitioner has created panic in the minds of local inhabitants and the business people in the Muthialpet Police Station limits, Puducherry. It is also stated that he is leading lavish life with the money earned from the public and business people by threatening. As a result, the people of the locality, being afraid of the Counter Petitioner, do not come forward to lodge any complaint against him. In this connection, the Petitioner has stated that the following criminal cases were registered against the Counter Petitioner.

LA GAZETTE DE L'ETAT [ PART-I 528 528

1. Cr. No. 33/12 under sections 147, 427, 324, 506(ii) r/w 149 IPC, dated 06-02-2012 of Muthialpet Police Station, Puducherry.

2. Cr. No. 78/15 under sections 294 (b), 323, 324, 427, 506(ii) IPC r/w 34 IPC, dated 09-08-2015 of Muthialpet Police Station, Puducherry.

3. Cr. No. 40/16 under sections 143, 341 IPC r/w 149 IPC, dated 05-05-2016 of Muthialpet Police Station, Puducherry.

4. Cr. No. 44/16 under sections 341, 294(b), 323, 506(i) IPC r/w 34 IPC, dated 12-05-2016 of Muthialpet Police Station, Puducherry.

5. Cr. No. 107/17 under sections 147, 148, 307 IPC r/w 149 IPC of Muthialpet Police Station, Puducherry.

6. Cr. No. 132/17 under sections 294(b), 323, 324, 506(ii) IPC r/w 34 IPC, dated 25-11-2017 of Muthialpet Police Station, Puducherry.

7. Cr. No. 37/2018 under sections 147, 148, 302 IPC r/w 149 IPC, dated 06-03-2018 of Grand Bazaar Police Station, Puducherry.

8. Cr. No. 94/2019 under sections 120(B), 148, 341, 302, 109 r/w 149 IPC, dated 08-12-2019 of Muthialpet Police Station, Puducherry.

4. It is also stated in the I.R. that the Station House Officer has received reliable information that the Counter Petitioner is desperate and is in dire need of money to maintain his rowdy gang to meet out in case trials and daily expenses. The Petitioner further stated that the Counter Petitioner is not a law abiding person and therefore, his criminal activities cannot be prevented by invoking the mere security proceedings under the Cr.P.C. 5. The Petitioner further stated that if, the Counter Petitioner is allowed to reside in Muthialpet limits, it is apprehended that he would continue to indulge in serious offences like attempt to murder, hurt, damages, assault and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Station House Officer, Muthialpet Police Station has prayed to invoke provisions under section 144 Cr.P.C. against the Counter Petitioner to 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. On 07-06-2022, the Petitioner Thiru. P. Sivaprakassam, Sub-Inspector of Police, Muthialpet Police Station, Puducherry and the Counter Petitioner were present. The learned Counsel, Thiru B. Narasimmabalan, was present and represented on behalf of the Counter Petitioner.

8. I have heard both the sides and carefully gone through all the available records in file placed by the Petitioner. In the Police information report/petition, it is stated that the activities of Thiru Gnanasegar 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, unlawful activities and disturbance to the public peace and order. There are 8 criminal cases were registered against him in various Police Stations. I have also heard the oral submissions of the Learned Counsel for the Counter Petitioner. The Learned Counsel for the Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.

9. Upon hearing both sides and 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, damages to public properties, etc.,PART-I ] LA GAZETTE DE L'ETAT 529 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.

10. 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 Gnanasegar (32), s/o. Munusamy, a resident of No. 53, Maravady Street, Kurusukuppam, 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 07th day of June, 2022, pronounced in the open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

————

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 98/2022 of I.R. No. 11/2022 under section 144 of Cr.P.C./1535

ORDER

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

State Represented by the Station House Officer, Muthialpet Police Station, Puducherry.

. . Petitioner

Thiru Gnanavel (33), S/o. Munusamy,

No. 53, Maravady Street, Kurusukuppam, Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by Station House Officer, Muthialpet Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against Thiru Gnanavel (33) 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 Gnanavel (33), s/o. Munusamy, a resident of No. 53, Maravady Street, Kurusukuppam, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case is submitted by the Station House Officer, Muthialpet Police Station through the Superintendent of Police (East), Puducherry vide I.R.No. 11/2022, under section 144 of Cr.P.C., dated 28-04-2022. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime such as disturbance to the public tranquility and order by showing deadly weapons. The Counter Petitioner has created panic in the minds of local inhabitants and the businessLA GAZETTE DE L'ETAT [ PART-I 530 530 people in the Muthialpet Police Station, limits Puducherry. It is also stated that he is leading lavish life with the money earned from the public and business people by threatening. As a result, the people of the locality being afraid of the Counter Petitioner, do not come forward to lodge any complaint against him. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.

1. Cr.No. 03/2010 under sections 147, 148, 302 r/w 149 IPC, dated 07-01-2010 of Kirumampakkam Police Station, Puducherry.

2. Cr. No. 156/2010 under sections 302 IPC @ 147, 148, 302 IPC and 3 of Explosive Substances Act r/w 149 IPC, dated 09-07-2010 of Muthialpet Police Station, Puducherry.

3. Cr.No. 238/2010 under sections 147, 148, 307 IPC r/w 149 IPC, dated 08-11-2010 of Muthialpet Police Station, Puducherry.

4. Cr.No. 189/2011 under sections 147, 148, 302, 109 r/w 149 IPC, dated 21-08-2011 of Muthialpet Police Station, Puducherry.

5. Cr.No. 320/2011 under sections 27 of Arms Act and 34 B-IX of PP Act, dated 10-12-2011 of Muthialpet Police Station, Puducherry.

6. Cr.No. 33/2012 under sections 147, 427, 324, 506(ii) IPC r/w 149 IPC.

7. Cr.No. 143/2012 under sections 452, 427, 506(ii) IPC r/w 34 IPC, dated 26-07-2012.

8. Cr.No. 91/2012 under sections 147, 148, 341, 332, 333, 302, 307, 109 IPC, 3 of PDPP Act and 3 of Explosive Substances Act, 1908 r/w 149 IPC, dated 10-08-2012.

9. Cr.No. 78/2015 under sections 294(b), 323, 324, 427, 506(ii) r/w 34 IPC, dated 09-08-2015.

10. Cr.No. 2/2016 under sections 294(b), 509, 506(ii) IPC r/w 34 IPC, dated 06-01-2016 of Muthialpet Police Station, Puducherry.

11. Cr.No. 5/2016 under sections 294(b), 506(ii) r/w 34 IPC, dated 07-01-2016 of Muthialpet Police Station, Puducherry.

12. Cr.No. 132/2017 under sections 294(b), 323, 324, 506(ii) IPC r/w 34 IPC, dated 25-11-2017 of Muthialpet Police Station, Puducherry.

13. Cr. No. 94/2019 under sections 120 (b), 147, 148, 302 IPC r/w 149 IPC of Muthialpet Police Station, Puducherry.

5. The Petitioner further stated that if, the Counter Petitioner is allowed to reside in Muthialpet limits, it is apprehended that he would continue to indulge in serious offences like attempt to murder, hurt, damages, assault and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Station House Officer, Muthialpet Police Station has prayed to invoke provisions under section 144 Cr.P.C. against the Counter Petitioner to 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.

6. 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 25-05-2022 to appear for the hearing on 07-06-2022 at 10.00 a.m. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Muthialpet Police Station, Puducherry. The notice for the Counter Petitioner was received by his wife Tmt. G. Manju. The service was held sufficient for the Counter Petitioner.

PART-I ] LA GAZETTE DE L'ETAT 531

7. On 07-06-2022, the Petitioner Thiru G. Kalaiarasan, Sub-Inspector of Police, Muthialpet Police Station, Puducherry and the Counter Petitioner were present. The learned Counsel, Thiru B. Narasimmabalan, was present and represented on behalf of the Counter Petitioner.

8. I have heard both the sides and carefully gone through all the available records in file placed by the Petitioner. In the Police information report/petition, it is stated that the activities of the Counter Petitioner 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, unlawful activities and disturbance to the public peace and order. There are 13 criminal cases were registered against him in various Police Stations. I have also heard the oral submissions of the Learned Counsel for the Counter Petitioner. The Learned Counsel for the Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.

10. 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 Gnanavel (33), s/o. Munusamy, a resident of No. 53, Maravady Street, Kurusukuppam, 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 07th day of June, 2022, pronounced in the open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

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