IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 99/2022 of I.R.No. 11/2022 under section 144 of Cr.P.C./1973
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Orleanpet Police Station,
Puducherry.
. .
Petitioner
Vs
Thiru Sunil @ Kishorekumar (20),
S/o. Vengadesan @ Iyyappan,
No. 06, III Cross,
Ambethkar Nagar,
Attupatti,
Puducherry.
. .
Counter Petitioner
[ 773 ]
Registered with the Registrar
of Newspapers for India
under No. 10410
Registered No. PY/44/2021-23
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No.
96
Poudouchéry
Mercredi
27
Juillet
2022 (5 Sravana 1944)
No.
Puducherry
Wednesday
27th
July
2022
774
LA GAZETTE DE L’ETAT
[ PART-I
774
This petition along with case sheet is filed by the Station House Officer,
Orleanpet Police Station, Puducherry, praying to pass orders under section 144 of
Cr.P.C., against Thiru Sunil @ Kishorekumar (20), 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 Sunil @ Kishorekumar (20), son of
Vengadesan @ Iyyappan, a resident of No. 06, III Cross, Ambethkar Nagar, Attupatti,
Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
submitted by the Station House Officer, Orleanpet Police Station, Puducherry,
through the Superintendent of Police (East), Puducherry vide I.R.No. 11/2022 under
section 144 of Cr.P.C., dated 12-05-2022. Therein, it has been stated that the Counter
Petitioner has formed a gang of rowdies and indulging in crimes such as murder,
attempt to murder, extortion, explosive cases and disturbance to the public
tranquility and order. 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. 124/2019 under sections 294(b), 324, 506(ii) IPC r/w 34 IPC, dated
10-09-2019 of Orleanpet Police Station, Puducherry – Pending Trial.
2. Cr.No. 202/2020 under sections 341, 302 IPC r/w 34 IPC @ 147, 148,
341, 302 IPC r/w 149 IPC, dated 04-10-2020 of Orleanpet Police Station,
Puducherry – Pending Trial.
3. Cr.No. 41/2021 under sections 294(b), 506(ii) IPC @ 294 (b), 506 (ii),
116 IPC 27(1) of Arms Act r/w 34 IPC, dated 21-04-2021 of Orleanpet
Police Station, Puducherry – Under Investigation.
4. Cr.No. 153/2021 under sections 147, 148, 307 IPC & 3 of Explosive
Substances Act, r/w 149 IPC, dated 04-07-2021 of Odiansalai Police
Station, Puducherry – Under Investigation.
5. I.R.No. 46/2021 under section 107 Cr.PC.
4. The Petitioner further stated that the Counter Petitioner is having close
contact with local rowdies and intentionally engaged persons by hiring them by
providing liquors and insisting them to create problems with their opposite groups.
But, the activities of the Counter Petitioner would provoke enmity between the
groups as earlier.
5. 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 group of rowdy elements and to meet expenses in connection
with the trial in the pending criminal cases against him. He is hatching plans to
threaten the business people in the Puducherry 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. It is also stated that the Counter Petitioner violated the
conditions imposed by the Criminal Courts.
6. It is also stated in the I.R that the Counter Petitioner is young and
energetic and shows his muscle power by committing offences for petty reasons.
It is further stated in the I.R that he is very active and may commit any cognizable
offence in connection with the prevailing law and order situation in that area.
PART-I ]
LA GAZETTE DE L’ETAT
775
7. The Petitioner further submitted that if, the Counter Petitioner is allowed
to reside in Orleanpet Police Station limits, Puducherry, it is apprehended that he
would continue to indulge in serious offences like riot, affray, criminal trespass,
criminal intimidation, assault, obstructions and annoyance, damages to the private
properties, etc., and thereby emerged as a perennial source of threat to the
community and disturb public peace and order. Hence, the Station House Officer,
Orleanpet 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.
8. 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 26-05-2022 to appear for the hearing on 31-05-2022 at
10.00 a.m. and further hearings on 08-06-2022, 14-06-2022 and 30-06-2022. It was
instructed to serve the notice to the Counter Petitioner through the Station House
Officer, Orleanpet Police Station, Puducherry. The notice for the Counter Petitioner
was received by his mother, Tmt. V. Geetha. The service was held sufficient for the
Counter Petitioner.
9. On 30-06-2022, the Petitioner represented by Thiru Ramachandiran,
Assistant Sub-Inspector, Orleanpet Police Station, Puducherry and Counter
Petitioner were present.
10. I have heard both the sides 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 Sunil @ Kishorekumar (20), 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, attempt to murder, explosive substances
case, assault and disturbance to the public peace and order. There are various
criminal cases were registered against him in various Police Stations.
11. On perusal of the records submitted by the Petitioner and the
recommendation of the Superintendent of Police (East), 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 and private properties, obstructions,
annoyance, 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.
12. Hence, I, M. Kandasamy, do hereby in the capacity of Subdivisional
Magistrate (North), Puducherry, in exercise of powers conferred under section 144(1)
of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitioner Thiru Sunil @ Kishorekumar (20), son of Vengadesan @ Iyyappan, a
resident of No. 06, III Cross, Ambethkar Nagar, Attupatti, 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 the 30th day of June, 2022, pronounced in the
open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
776
LA GAZETTE DE L’ETAT
[ PART-I
776
IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 102/2022 of I.R.No. 14/2022 under section 144 of Cr.P.C./1972
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Mettupalayam Police Station,
Puducherry.
. .
Petitioner
Vs
Thiru Natarajan @ Katterumbu Natarajan (37),
S/o. Palani,
No.17, Middle Street,
Sanarapet,
Mettupalayam,
Puducherry.
. .
Counter Petitioner
This petition along with case sheet is filed by the Station House Officer,
Mettupalayam Police Station, Puducherry, praying to pass orders under section144
Cr.P.C., against Thiru Natarajan @ Katterumbu Natarajan, 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 Natarajan @ Katterumbu Natarajan (37),
son of Palani, a resident of No. 17, Middle Street, Sanarapet, Mettupalayam,
Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
is submitted by the Station House Officer, Mettupalayam Police Station, Puducherry,
with the recommendation of the Superintendent of Police (North), Puducherry vide
I.R.No. 14/2022 under section 144 of Cr.P.C., dated 27-05-2022. Therein, it has been
stated that the Counter Petitioner has indulging in crimes such as robbery, dacoity,
rioting, burglaries, hurt and disturbance to the public tranquility and order. It is
also stated that the Counter Petitioner has created panic in the minds of local
inhabitants and he is leading lavish life with the money earned through extortion.
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. 49/1999 under sections 457, 380 r/w 34 IPC, dated 22-06-1999 of
Mettupalayam Police Station, Puducherry – Convicted.
2. Cr.No. 61/2000 under sections 457, 380 r/w 34 IPC, dated 25-08-2000 of
Mettupalayam Police Station, Puducherry – Convicted.
3. Cr.No. 97/2000 under sections 452, 324 r/w 34 IPC, dated 12-12-2000 of
Mettupalayam Police Station, Puducherry – Acquitted.
PART-I ]
LA GAZETTE DE L’ETAT
777
4. Cr.No. 120/2001 under sections 341, 323, 506 (i) r/w 34 IPC, dated
20-11-2001 of Mettupalayam Police Station, Puducherry – Compounded
5. Cr.No. 70/2003 under sections 341, 323, 427 IPC r/w 34 IPC, dated
22-08-2003 of Mettupalayam Police Station, Puducherry – Compounded
6. Cr.No. 359/2003 under sections 326, 427 r/w 34 IPC, dated 26-09-2003
of Villianur Police Station, Puducherry – Pending Trial
7. Cr.No. 124/2004 under sections 147, 148, 448, 324, 506 (ii) IPC r/w 149
IPC, dated 26-08-2004 of Mettupalayam Police Station, Puducherry –
Pending Trial.
8. Cr.No. 436/2005 under sections 392, 397 r/w 120(B) IPC, dated
12-04-2005 of Panruti Police Station, Tamil Nadu – Pending Trial.
9. Cr.No. 21/2007 under section 380 IPC r/w 34 IPC, dated 02-02-2007 of
Mettupalayam Police Station, Puducherry – Pending Trial.
10. Cr.No. 114/2009 under sections 457, 380 IPC, dated 04-07-2009 of
Mettupalayam Police Station, Puducherry – Pending Trial.
11. Cr.No. 05/2010 under sections 294, 427, 323, 506 (ii) r/w 34 IPC, dated
08-01-2010 of Mettupalayam Police Station, Puducherry – Pending Trial.
12. Cr.No. 14/2010 under sections 341, 324, 506 (ii) r/w 34 IPC, dated
24-01-2010 of Mettupalayam, Police Station, Puducherry – Pending
Trial.
13. Cr.No. 159/2010 under sections 27(1-a) of Arms Act, 506 (ii) IPC, dated
17-09-2010 of Mettuplayam Police Station, Puducherry – Pending Trial.
14. Cr.No. 233/2010 under sections 341, 294(B), 394 IPC, dated 22-04-2010
of Thindivanam Police Station, Tamil Nadu – Pending Trial.
15. Cr.No. 21/2012 under section 25(1-a) of Arms Act, dated 13-02-2012 of
Mettupalayam Police Station, Puducherry – Pending Trial.
16. Cr.No. 100/2012 under sections 25(1-a) of Arms Act, dated 10-06-2012
of Mettupalayam Police Station, Puducherry – Pending Trial.
17. Cr.No. 10/2014 under sections 457, 380 IPC, dated 15-01-2014 of
Mettupalayam Police Station, Puducherry – Pending Trial.
4. The Petitioner further submitted that the Counter Petitioner is a
notorious rowdy element and become a source of terror among the public. The
Counter Petitioner collects mamool through his associates from the business people
at Mettupalayam areas and also planned to attack his rival parties. It is also stated
that he has involved in various offences by using aruval, knife to attack the victims
and he violated the conditions imposed by the Criminal Courts and have scant
respect to the judiciary and rule of law.
5. The Petitioner further submitted that if, the Counter Petitioner is allowed
to reside in Puducherry limits, it is apprehended that he would continue to indulge
in serious offences like murder, extortion, assault, obstructions, annoyance, damages
to public and private properties, etc., and thereby emerged as a perennial source
of threat to the community and disturb public peace and order. Hence, the Station
House Officer, Mettupalayam 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 of citizens and uphold public peace and order.
778
LA GAZETTE DE L’ETAT
[ PART-I
778
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 10-06-2022 to appear for the hearing on 21-06-2022 at
10.00 a.m. It was instructed to serve the notice to the Counter Petitioner through
the Station House Officer, Mettupalayam Police Station, Puducherry. The notice
for the Counter Petitioner was served by affixing it at his house in presence of two
witnesses. The service was held sufficient for the Counter Petitioner.
7. On 21.06.2022, the Petitioner represented by Thiru Arul, Assistant
Sub-Inspector, Mettupalayam Police Station, Puducherry, was present. The Counter
Petitioner has failed to appear before the Court on hearing date.
8. 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 Natarajan @ Katterumbu Natarajan, 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, unlawful activities and
disturbance to the public peace and order. There are 17 criminal cases were
registered against him in various Police Stations.
9. On perusal of the records submitted by the Petitioner and the
recommendation of the Superintendent of Police (North), 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, extortion, obstructions, annoyance, damages to public and
private properties, etc., and thereby emerged as 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 powers conferred under section 144(1)
of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitioner Thiru Natarajan @ Katterumbu Natarajan (37), son of Palani, a resident
of No. 17, Middle Street, Sanarapet, Mettupalayam, 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 the 21st day of June, 2022, pronounced in the
open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
PART-I ]
LA GAZETTE DE L’ETAT
779
IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 103/2022 of I.R.No. 15/2022 under section 144 of Cr.P.C./1971
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Mettupalayam Police Station,
Puducherry.
. .
Petitioner
Vs
Thiru Vijay @ Kakka Viji (37),
S/o. Senathibathy,
No. 07, 2nd Cross,
Anna Street,
Shanmughapuram,
Puducherry.
. .
Counter Petitioner
This petition along with case sheet is filed by the Station House Officer,
Mettupalayam Police Station, Puducherry, praying to pass orders under section 144
of Cr.P.C., against Thiru Vijay @ Kakka Viji, 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 Vijay @ Kakka Viji (37), son of
Senathibathy, a resident of No. 07, 2nd Cross, Anna Street, Shanmughapuram,
Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
is submitted by the Sub-Inspector of Police, Mettupalayam Police Station,
Puducherry, with the recommendation of the Superintendent of Police (North),
Puducherry vide I.R.No. 15/2022 under section 144 of Cr.P.C., dated 27-05-2022.
Therein, it has been stated that the Counter Petitioner has indulging in crime such
as murder, attempt to murder, hurt and disturbance to the public tranquility and
order. The Counter Petitioner has created panic in the minds of local inhabitants.
It is also stated that he is leading lavish life with the money earned through
extortion. 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. 134/2014 under sections 302 IPC r/w 34 IPC @ 147, 148, 452, 302
IPC r/w 149 IPC, dated 06-11-2014 of Reddiyarpalayam Police Station,
Puducherry.
2. Cr.No. 50/2012 under sections 25(1)(a) of Arms Act 1959, dated
13-03-2012 of Mettupalayam Police Station, Puducherry – Pending Trial.
780
LA GAZETTE DE L’ETAT
[ PART-I
780
3. Cr.No. 277/2011 under sections 25(1)(a) of Arms Act 1959, dated
19-12-2011 of Mettupalayam Police Station, Puducherry – Pending Trial.
4. Cr.No. 42/2010 under section 27(1)(a) of Arms Act 1959 and 506 (ii) IPC,
dated 07-02-2010 of D’Nagar Police Station, Puducherry –Acquitted.
5. Cr.No. 200/2009 under sections 147, 148, 341, 307 IPC r/w 149 IPC, dated
24-11-2009 of Reddiyarpalayam Police Station, Puducherry – Pending
Trial.
6. Cr.No. 315/2007 under sections 302, 201 IPC, dated 06-10-2007 of
Auroville Police Station, Tamil Nadu – Acquitted.
7. Cr.No. 287/2005 under section 324 IPC r/w 34 IPC @ 326, 324 IPC r/w
34 IPC, dated 09-10-2005 of Lawspet Police Station, Puducherry –
Acquitted.
8. Cr.No. 09/2004 under sections 324, 323 IPC r/w 34 IPC @ 323, 326 IPC
r/w 34 IPC, dated 13-01-2004 of D’Nagar Police Station, Puducherry –
Acquitted.
9. Cr.No. 18/2004 under sections 307, 427 IPC r/w 34 IPC, dated 22-01-2004
of D’Nagar Police Station, Puducherry – Acquitted.
10. Cr.No. 05/2003 under sections 341, 323, 506 (ii) IPC r/w 34 IPC, dated
15-01-2003 of Lawspet Police Station, Puducherry – Acquitted.
11. Cr.No. 109/2003 under sections 147, 148, 307 IPC r/w 149 IPC, dated
28-06-2003 of Lawspet Police Station, Puducherry – Convicted.
4. The Petitioner further submitted that the Counter Petitioner is a
notorious rowdy element and become a source of terror among the public. It is
also stated that he has involved in various offences by using aruval, knife to attack
the victims and he violated the conditions imposed by the Criminal Courts and has
scant respect to the judiciary and rule of law.
5. The Petitioner further submitted that if, Counter Petitioner is allowed to
reside in Puducherry limits, it is apprehended that he would continue to indulge in
serious offences like murder, assault, extortion, obstructions, annoyance, damages
to public and private properties, etc., and thereby emerged as a perennial source
of threat to the community and disturb public peace and order. Hence, the Station
House Officer, Mettupalayam 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 of citizens and uphold public peace 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 10-06-2022 to appear for the hearing on 21-06-2022 at
10.00 a.m. It was instructed to serve the notice to the Counter Petitioner through
the Station House Officer, Mettupalayam Police Station, Puducherry. The notice
for the Counter Petitioner was received by his wife, Tmt. V. Kalpana. The service
was held sufficient for the Counter Petitioner.
7. On 21-06-2022, the Petitioner represented by Thiru Arul, Assistant
Sub-Inspector, Mettupalayam Police Station, Puducherry, was present. The Counter
Petitioner has failed to appear before the Court on hearing date.
PART-I ]
LA GAZETTE DE L’ETAT
781
8. 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 Vijay @ Kakka Viji, 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, hurt, assault, unlawful activities and
disturbance to the public peace and order. There are 11 criminal cases were
registered against him in various Police Stations.
9. On perusal of the records submitted by the Petitioner and the
recommendation of the Superintendent of Police (North), I am of the opinion that
if, the Counter Petitioner is allowed to reside within the limits of my jurisdiction,
Counter Petitioner will continue to indulge in and also motivate serious offences
like murder, assault, extortion, obstructions, annoyance, damages to public and
private properties, etc., and thereby emerged as 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 powers conferred under section 144(1)
of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitioner Thiru Vijay @ Kakka Viji (37), son of Senathibathy, a resident of No. 07,
2nd Cross, Anna Street, Shanmughapuram, 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 21st day of June, 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. 104/2022 of I.R.No. 17/2022 under section 144 of Cr.P.C./1969
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Mettupalayam Police Station,
Puducherry.
. .
Petitioner
Vs
782
LA GAZETTE DE L’ETAT
[ PART-I
782
Thiru Jeeva (21),
S/o. Ezhumalai,
No. 136, Odai Street,
Gandhi Thirunallur,
Mutharayarpalayam,
Puducherry.
. .
Counter Petitioner
This petition along with case sheet is filed by Station House Officer,
Mettupalayam Police Station, Puducherry, praying to pass orders under section
144 of Cr.P.C., against Thiru Jeeva, 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 Jeeva (21), son of Ezhumalai, a resident
of No. 134, Odai Street, Gandhi Thirunallur, Mutharayarpalayam, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
is submitted by the Station House Officer, Mettupalayam Police Station, Puducherry
with the recommendation of the Superintendent of Police (North), Puducherry vide
I.R.No. 17/2022 under section 144 of Cr.P.C., dated 01-06-2022. Therein, it has been
stated that the Counter Petitioner has indulging in crimes such as murder,
kidnapping, hurt and disturbance to the public tranquility and order. It is also stated
that the Counter Petitioner has created panic in the minds of local inhabitants and
he is leading lavish life with the money earned through extortion. 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. 69/2019 under sections 148, 307 IPC r/w 149 IPC r/w 34 IPC, dated
24-08-2019 of Mettupalayam Police Station, Puducherry – Pending Trial.
2. Cr.No. 155/2020 under sections 148, 302, 120-B IPC r/w 149 IPC, dated
14-10-2020 of Mettupalayam Police Station, Puducherry – Pending Trial.
3. Cr.No. 53/2021 under sections 294(b), 323, 427, 506(ii) IPC, dated
16-04-2021 of Mettupalayam Police Station, Puducherry – Pending Trial.
4. The Petitioner further submitted that the Counter Petitioner was very
active notorious rowdy element and become a source of terror among the public.
It is also stated that he has involved in various offences by using aruval, knife,
Country made bomb and other lethal weapon to attack the victims and he is not a
law abiding citizen and scorn respect to the judiciary and rule of law.
5. The Petitioner further submitted that if, Counter Petitioner is allowed to
reside in Puducherry limits, it is apprehended that he would continue to indulge in
serious offences like murder, extortion, assault, obstructions, annoyance, damages
to public and private properties, etc., and thereby emerged as a perennial source
of threat to the community and disturb public peace and order. Hence, the Station
House Officer, Mettupalayam 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 of citizens and uphold public peace and
order.
PART-I ]
LA GAZETTE DE L’ETAT
783
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 10-06-2022 to appear for the hearing on 21-06-2022 at
10.00 a.m. It was instructed to serve the notice to the Counter Petitioner through
the Station House Officer, Mettupalayam Police Station, Puducherry. The notice
for the Counter Petitioner was received by his sister, Mrs. K. Revathi. The service
was held sufficient for the Counter Petitioner.
7. On 21-06-2022, the Petitioner represented by Thiru. Arul, Assistant
Sub-Inspector, Mettupalayam Police Station, Puducherry, was present. The Counter
Petitioner has failed to appear before the Court on hearing date.
8. 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 Jeeva, 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 3 criminal cases were registered against him in
Mettupalayam Police Station.
9. On perusal of the records submitted by the Petitioner and the
recommendation of the Superintendent of Police (North), 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, extortion, obstructions, annoyance, damages to public and
private properties, etc., and thereby emerged as 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 powers conferred under section 144(1)
of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitioner Thiru Jeeva (21), son of Ezhumalai, a resident of No. 136, Odai Street,
Gandhi Thirunallur, Mutharayarpalayam, 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 21st day of June, 2022, pronounced in the
open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
784
LA GAZETTE DE L’ETAT
[ PART-I
784
IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 105/2022 of I.R. No. 18/2022 Under Section 144 of Cr.P.C./1968
ORDER
(UNDER SECTION 144 OF Cr. P.C.)
To
State Represented by the Station House Officer,
Mettupalayam Police Station,
Puducherry.
....
Petitioner
Vs.
Thiru Joseph (21),
S/o. Karunagaran,
No.10, Gandhi Street,
Gandhi Thirunallur,
Mutharayarpalayam,
Puducherry.
....
Counter Petitioner
This petition along with case sheet is filed by the Station House Officer,
Mettupalayam Police Station, Puducherry, praying to pass orders under section
144 of Cr.P.C against Thiru Joseph 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 Joseph (21), S/o. Karunagaran, a resident
of No.10, Gandhi Street,Gandhi Thirunallur, Mutharayarpalayam, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
is submitted by the Station House Officer, Mettupalayam Police Station with
the recommendation of the Superintendent of Police (North), Puducherry vide
I.R.No. 18/2022, under section 144 of Cr.P.C., dated 01-06-2022. Therein it has been
stated that the Counter Petitioner has indulging in crime such as murder, kidnapping,
hurt and disturbance to the public tranquility and order. The Counter Petitioner
has created panic in the minds of local inhabitants. It is also stated that he is leading
lavish life with the money earned through extortion. 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. 69/2019 under sections 148, 307 IPC r/w 149 IPC r/w 34 IPC,
dated 24-08-2019 of Mettupalayam Police Station, Puducherry –
Pending Trial.
2. Cr.No. 155/2020 under sections 148, 302, 120-B IPC r/w 149 IPC, dated
14-10-2020 of Mettupalayam Police Station, Puducherry – Pending
Trial.
4. The Petitioner further submitted that the Counter Petitioner was very
active notorious rowdy element and become a source of terror among the public.
It is also stated that he is not a law abiding citizen and he has involved in various
offences by using aruval, knife to attack the victims and scant respect to the
judiciary and rule of law.
PART-I ]
LA GAZETTE DE L’ETAT
785
5. The Petitioner further submitted that if, Counter Petitioner is allowed to
reside in Puducherry limits, it is apprehended that he would continue to indulge
in serious offences like murder, assault, extortion, obstructions, annoyance, damages
to public and private properties, etc., and thereby emerged as a perennial source
of threat to the community and disturb public peace and Order. Hence, the Station
House Officer, Mettupalayam 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 of citizens and uphold public peace 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 10-06-2022 to appear for the hearing on 21-06-2022 at
10.00 a.m. It was instructed to serve the notice to the Counter Petitioner through
the Station House Officer, Mettupalayam Police Station, Puducherry. The notice
for the Counter Petitioner was received by his father, Thiru A. Karunagaran.
The service was held sufficient for the Counter Petitioner.
7. On 21-06-2022, the Petitioner represented by Thiru Arul, Assistant Sub-
Inspector, Mettupalayam Police Station, Puducherry, was present. The Counter
Petitioner has failed to appear before the Court on hearing date.
8. 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 Joseph, 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 two criminal cases were registered against him in
Mettupalayam Police Station.
9. On perusal of the records submitted by the Petitioner and the
recommendation of the Superintendent of Police (North), 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, extortion, obstructions, annoyance, damages to public and
private properties etc., and thereby emerged as 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.
Hence, I, M. Kandasamy, do hereby in the capacity of Subdivisional
Magistrate (North), Puducherry, in exercise of powers conferred under section 144(1)
of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitoner
Thiru Joseph (21), son of Karunagaran, a resident of No. 10, Gandhi Street,Gandhi
Thirunallur, Mutharayarpalayam, 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 21st day of June, 2022 pronounced in the
open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
786
LA GAZETTE DE L’ETAT
[ PART-I
786
IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 106/2022 of I.R. No. 19/2022 Under Section 144 of Cr.P.C./1970
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
To
State Represented by the Station House Officer,
Mettupalayam Police Station,
Puducherry.
....
Petitioner
Vs.
Thiru Sasikumar @ Sasi (22),
S/o. Murugaperumal,
No. 50, Ilangoadigal Street,
Mutharayarpalayam,
Puducherry.
....
Counter Petitioner
This petition along with case sheet is filed by the Station House Officer,
Mettupalayam Police Station, Puducherry, praying to pass orders under section
144 of Cr. P.C against Thiru Sasikumar @ Sasi 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 Sasikumar @ Sasi (22), son of
Murugaperumal, a resident of No. 50, Ilangoadigal Street, Mutharayarpalayam,
Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
is submitted by the Station House Officer, Mettupalayam Police Station with the
recommendation of the Superintendent of Police (North), Puducherry vide I.R. No.19/
2022, under section 144 of Cr.P.C., dated 03-06-2022. Therein it has been stated that
the Counter Petitioner has indulging in crime such as murder, kidnapping, hurt and
disturbance to the public tranquility and order. The Counter Petitioner has created
panic in the minds of local inhabitants. It is also stated that he is leading lavish
life with the money earned through extortion. 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. 155/2020, under sections 148, 302, 120-B IPC r/w 149 IPC, dated
14-10-2020 of Mettupalayam Police Station, Puducherry – Pending
Trial.
4. The Petitioner further submitted that the Counter Petitioner was very
active notorious rowdy element and become a source of terror among the public.
It is also stated that he is not a law abiding citizen and he has involved in various
offences by using Country made aruval, knife, and other lethal weapons to attack
the victims and scorn the judiciary and rule of law.
PART-I ]
LA GAZETTE DE L’ETAT
787
5. The Petitioner further submitted that if, Counter Petitioner is allowed to
reside in Puducherry limits, it is apprehended that he would continue to indulge in
serious offences like murder, assault, extortion, obstructions, annoyance, damages
to public and private properties, etc., and thereby emerged as a perennial source
of threat to the community and disturb public peace and order. Hence, the Station
House Officer, Mettupalayam 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 of citizens and uphold public peace 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 10.06.2022 to appear for the hearing on 21-06-2022 at
10.00 a.m. It was instructed to serve the notice to the Counter Petitioner through
the Station House Officer, Mettupalayam Police Station, Puducherry. The notice
for the Counter Petitioner was received by his brother, Thiru Nirmalraj. The service
was held sufficient for the Counter Petitioner.
7. On 21-06-2022, the Petitioner represented by Thiru Arul, Assistant
Sub-Inspector, Mettupalayam Police Station, Puducherry. was present. The Counter
Petitioner has failed to appear before the Court on hearing date.
8. 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 Sasikumar @ Sasi, 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 and disturbance to the public peace and
order. There is one criminal case was registered against him in Mettupalayam Police
Station.
9. On perusal of the records submitted by the Petitioner and the
recommendation of the Superintendent of Police (North), 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, extortion, obstructions, annoyance, damages to public and
private properties, etc., and thereby emerged as 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.
Hence, I, M. Kandasamy, do hereby in the capacity of Subdivisional
Magistrate (North), Puducherry, in exercise of powers conferred under section 144(1)
of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitoner Thiru Sasikumar @ Sasi (22), son of Murugaperumal, a resident of
No. 50, Ilangoadigal Street, Mutharayarpalayam, 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 21st day of June, 2022 pronounced in the
open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
788
LA GAZETTE DE L’ETAT
[ PART-I
788
IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 108/2022 of I.R. No. 21/2022 Under Section 144 of Cr.P.C./1988
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
To
State Represented by the Station House Officer,
Mettupalayam Police Station,
Puducherry.
....
Petitioner
Vs.
Thiru Muthu Kumar @ Muthu (28),
S/o. Sankar,
No.187, LIG Housing Board Quarters,
Kurumampet,
Puducherry.
....
Counter Petitioner
This petition along with case sheet is filed by the Station House Officer,
Mettupalayam Police Station, Puducherry, praying to pass orders under section
144 of Cr. P.C against Thiru Muthu Kumar @ Muthu (28) 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 Muthu Kumar @ Muthu (28), son of Sankar,
a resident of No. 187, LIG Housing Board Quarters, Kurumampet, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
is submitted by the Station House Officer, Mettupalayam Police Station, Puducherry,
with the recommendation of the Superintendent of Police (North), Puducherry vide
I.R. No. 21/2022, under section 144 of Cr. P.C., dated 05-06-2022. Therein it has been
stated that the Counter Petitioner has indulging in crimes such as murder,
intimidation, kidnapping, extortion and disturbance to the public tranquility and
order. It is also stated that the Counter Petitioner has created panic in the minds of
local inhabitants and he is leading lavish life with the money earned through
extortion. 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. 64/2014, under section 25 (1) (a) of Arms Act, 1959 r/w 34 IPC,
dated 04-06-2014 of Mettupalayam Police Station, Puducherry.
2. Cr. No. 78/2014, under section 324 IPC r/w 34 IPC, dated 28-06-2014 of
Mettupalayam Police Station, Puducherry.
3. Cr. No. 122/2014, under section 25 (1) (a) of Arms Act, 1959, dated
06-10-2014 of Mettupalayam Police Station, Puducherry.
PART-I ]
LA GAZETTE DE L’ETAT
789
4. Cr. No. 39/2017, under sections 148, 342,302, 109 IPC r/w 149 IPC, dated
07-05-2017 of Mettupalayam Police Station, Puducherry.
5. Cr.No. 175/2020, under section 364 IPC r/w 34 IPC, dated 27-11-2020 of
Mettupalayam Police station, Puducherry.
4. The Petitioner further submitted that the Counter Petitioner is a notorious
rowdy element and become a source of terror among the public. The Counter
Petitioner collects mamool from the business people. It is also stated that he has
involved in various offences by using aruval, knife to attack the victims and he
violated the conditions imposed by the Criminal Courts and has scant respect to
the judiciary and rule of law.
5. The Petitioner further submitted that if, the Counter Petitioner is allowed
to reside in Puducherry North limits, it is apprehended that he would continue to
indulge in serious offences like murder, extortion, assault, obstructions, annoyance,
damages to public and private properties, etc., and thereby emerged as a perennial
source of threat to the community and disturb public peace and Order. Hence, the
Station House Officer, Mettupalayam 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 of citizens and uphold public peace 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 10-06-2022 to appear for the hearing on 21-06-2022 at
10.00 a.m. It was instructed to serve the notice to the Counter Petitioner through
the Station House Officer, Mettupalayam Police Station, Puducherry. The notice
for the Counter Petitioner was received by his mother, Tmt. Vennila. The service
was held sufficient for the Counter Petitioner.
7. On 21-06-2022, the Petitioner represented by Thiru Arul, Assistant
Sub-Inspector, Mettupalayam Police Station was present. The Counter Petitioner
has failed to appear before the Court on hearing date.
8. 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 Muthu Kumar @ Muthu (28), 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 5 criminal cases were
registered against him in Mettupalayam Police Station.
9. On perusal of the records submitted by the Petitioner and the
recommendation of the Superintendent of Police (North), 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, extortion, obstructions, annoyance, damages to public and
private properties, etc., and thereby emerged as 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.
790
LA GAZETTE DE L’ETAT
[ PART-I
790
Hence, I, M. Kandasamy, do hereby in the capacity of Subdivisional
Magistrate (North), Puducherry, in exercise of powers conferred under section 144(1)
of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitoner
Thiru Muthu Kumar @ Muthu (28), son of Sankar, a resident of No. 187, LIG
Housing Board Quarters, Kurumampet, 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 21st day of June, 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. 110/2022 of I.R.No. 52/2022 under section 144 of Cr.P.C./2038
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
D’Nagar Police Station,
Puducherry.
. .
Petitioner
Vs
Thiru Joshwa (24),
S/o. Sundar @ Sandanasamy @ Manthoppe Sundar,
No. 17, Bharathidasan Street,
Kamaraj Nagar,
Gorimedu,
Puducherry.
. .
Counter Petitioner
This petition along with case sheet is filed by the Station House Officer,
D’Nagar Police Station, Puducherry, praying to pass orders under section 144 of
Cr.P.C., against Thiru Joshwa (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 Joshwa (24), son of Sundar @
Sandanasamy @ Manthoppe Sundar, a resident of No. 17, Bharathidasan Street,
Kamaraj Nagar, Gorimedu, Puducherry.
PART-I ]
LA GAZETTE DE L’ETAT
791
3. The facts which led up to the petition are briefly as follows: The case
submitted by the Station House Officer, D’Nagar Police Station, Puducherry,
through the Superintendent of Police (North), Puducherry vide I.R. No. 52/2022
under section 144 of Cr.P.C., dated 26-05-2022. Therein, it has been stated that the
Counter Petitioner has formed a gang of rowdies and indulging in crime such as
attempt to murder, extortion by using lethal weapons. The Counter Petitioner has
created panic in the minds of local inhabitants. It is also stated that he is leading
lavish life with the money earned through extortion. 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. 51/2018 under sections 147, 148, 302 r/w 149 IPC, dated
23-03-2018 of D’Nagar Police Station, Puducherry.
2. IR.No. 03/2019 under section 107 of Cr.PC., dated 23-01-2019 of D’Nagar
Police Station, Puducherry.
3. IR.No. 54/19 under section 107 of Cr.PC., dated 05-09-2019 of D’Nagar
Police Station, Puducherry.
4. IR.No. 47/20 under section 107 of Cr.PC., dated 02-06-2020.
5. Cr.No. 512/2020 under sections 147, 341, 427, 307 r/w 149 IPC & 27(1)
of Arms Act @ 147, 148, 341, 427, 307 IPC & 27(1) of Arms Act &
section 4(b) of Explosive substances Act, 1908 r/w 149 IPC @ 109, 120
B, 147, 148, 341, 427, 307 IPC & section 4(b) of Explosive substances
Act, 1908 r/w 149 IPC, dated 19-11-2020 of Mudaliarpet Police Station,
Puducherry.
6. Cr.No. 326/2021 under sections 147, 148, 341, 506(ii), 302 IPC, dated
14-10-2021 of Auroville Police Station, Tamil Nadu.
7. IR.No.28/2022 under section 144 of Cr.PC., dated 09-02-2022 of D’Nagar
Police Station, Puducherry.
4. The Petitioner further stated that the Counter Petitioner has involved
in various offences by using aruval, knife and explosive substances to attack the
victims and become a source of terror among the public. It is also stated that the
Counter Petitioner violated the conditions imposed by the Criminal Courts and has
scant respect to the judiciary and rule of law.
5. The Petitioner further submitted that if, Counter Petitioner is allowed to
reside in Puducherry urban limits, it is apprehended that he would continue to
indulge in serious offences like murder, extortion, assault, obstructions and
annoyance, damages to public and private properties, and thereby emerged as a
perennial source of threat to the community and disturb public peace and
tranquility. Hence, the Station House Officer, D’Nagar 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.
792
LA GAZETTE DE L’ETAT
[ PART-I
792
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 10-06-2022 to appear for the hearing on 27-06-2022 at
10.00 a.m. It was instructed to serve the notice to the Counter Petitioner through
the Station House Officer, D’Nagar Police Station, Puducherry. The notice for the
Counter Petitioner was received by his Sister, Tmt. S. Annal. The service was held
sufficient for the Counter Petitioner.
7. On 27-06-2022 at 10.00 a.m. the Petitioner represented by
Thiru K. Ganapathy, Assitant Sub-Inspector, D’Nagar Police Station, Puducherry,
was present. The Counter Petitioner has failed to appear before the Court on
hearing date.
8. 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 Joshwa (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, unlawful activities and disturbance to
the public peace and order. There are 7 criminal cases were registered against him
in various Police Stations.
9. On perusal of the records submitted by the Petitioner and the
recommendation of the Superintendent of Police (North), 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 and private properties, obstructions,
annoyance, 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.
10. Hence, I, M. Kandasamy, do hereby in the capacity of Subdivisional
Magistrate (North), Puducherry, in exercise of powers conferred under section 144(1)
of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitioner Thiru Joshwa (24), son of Sundar @ Sandanasamy @ Manthoppe Sundar,
a resident of No. 17, Bharathidasan Street, Kamaraj Nagar, Gorimedu, 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 27th day of June, 2022, pronounced in the
open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
PART-I ]
LA GAZETTE DE L’ETAT
793
IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 112/2022 of I.R.No. 54/2022 under section 144 of Cr.P.C./2039
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
D’Nagar Police Station,
Puducherry.
. .
Petitioner
Vs
Thiru Panneerselvam (25) ,
S/o. Sundararaj,
No. 09/C, Sathiyamoorthy Street,
North Bharathipuram,
Puducherry.
. .
Counter Petitioner
This petition along with case sheet is filed by the Station House Officer,
D’Nagar Police Station, Puducherry, praying to pass orders under section 144 of
Cr.P.C., against Thiru Panneerselvam (25), 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 Panneerselvam (25), son of Sundararaj,
a resident of No. 09/C, Sathiyamoorthy Street, North Bharathipuram, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
submitted by the Station House Officer, D’Nagar Police Station, Puducherry,
through the Superintendent of Police (North), Puducherry vide I.R.No. 54/2022
under section 144 of Cr.P.C., dated 28-05-2022. Therein, it has been stated that the
Counter Petitioner has formed a gang of rowdies and indulging in crime such as
attempt to murder, extortion by using lethal weapons. The Counter Petitioner has
created panic in the minds of local inhabitants. It is also stated that he is leading
lavish life with the money earned through extortion. 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. 85/2018 under section 307 IPC r/w 34 IPC, dated 28-09-2018 of
Mettupalayam Police Station, Puducherry.
2. Cr.No. 15/2020 under sections Man Missing @ 302 IPC r/w 34 IPC @
147, 148, 120(B), 326, 364, 302, 212 IPC r/w 149 IPC, dated 05-02-2020
of Mettupalayam Police Station, Puducherry.
3. Cr.No. 66/2019 under section 144 of Cr.P.C., dated 10-07-2019 of D’Nagar
Police Station, Puducherry.
4. Cr.No. 107/2020 under section 144 of Cr.P.C., dated 23-12-2020 of
D’Nagar Police Station, Puducherry.
794
LA GAZETTE DE L’ETAT
[ PART-I
794
5. Cr.No. 27/2021 under section 144 of Cr.P.C., dated 02-03-2021 of D’Nagar
Police Station, Puducherry.
6. Cr.No. 138/2021 under section 144 of Cr.P.C., dated 15-06-2021 of
D’Nagar Police Station, Puducherry.
7. Cr.No. 170/2021 under section 144 of Cr.P.C., dated 31-08-2021 of
D’Nagar Police Station, Puducherry.
8. Cr.No. 54/2022 under section 144 of Cr.P.C., dated 28-05-2022 of D’Nagar
Police Station, Puducherry.
4. The Petitioner further stated that the Counter Petitioner has involved
in various offences by using aruval, knife and explosive substances to attack the
victims and become a source of terror among the public. It is also stated that the
Counter Petitioner violated the conditions imposed by the Criminal Courts and have
scant respect to the judiciary and rule of law.
5. The Petitioner further submitted that if, Counter Petitioner is allowed to
reside in Puducherry urban limits, it is apprehended that he would continue to
indulge in serious offences like murder, extortion, assault, obstructions and
annoyance, damages to public and private properties, and thereby emerged as a
perennial source of threat to the community and disturb public peace and
tranquility. Hence, the Station House Officer, D’Nagar 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.
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 10-06-2022 to appear for the hearing on 27-06-2022 at
10.00 a.m. It was instructed to serve the notice to the Counter Petitioner through
the Station House Officer, D’Nagar Police Station, Puducherry. The notice for the
Counter Petitioner was received by his mother Tmt. S. Dhanalakshmi. The service
was held sufficient for the Counter Petitioner.
7. On 27-06-2022 at 10.00 a.m. the Petitioner represented by Thiru
Ganapathy, Assistant Sub-Inspector, D’Nagar Police Station, Puducherry, was
present. The Counter Petitioner has failed to appear before the Court on hearing
date.
8. 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 Panneerselvam (25), 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 D’Nagar Police Station, Puducherry.
9. On perusal of the records submitted by the Petitioner and the
recommendation of the Superintendent of Police (North), 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 and private properties, obstructions,
annoyance, etc., and thereby become a perennial source of threat to the community
and disturb public peace and order. Such situations cannot be handled effectively
PART-I ]
LA GAZETTE DE L’ETAT
795
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 powers conferred under section 144(1)
of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitioner Thiru Panneerselvam (25), son of Sundararaj, a resident of No. 09/C,
Sathiyamoorthy Street, North Bharathipuram, 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 27th day of June, 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. 126/2022 of I.R. No. 26/2022 Under Section 144 of Cr.P.C./1974
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
To
State Represented by the Sub-Inspector of Police,
Odiansalai Police Station,
Puducherry.
....
Petitioner
Vs.
Thiru Soundarapandian @ Gopalakrishnan (36),
S/o. Baskar @ Kandasamy,
No. 1, Lazar Koil Street,
Deburayapet,
Puducherry.
(Present Address: No. 34,
Pillaiyar Koil Street,
Thengaithittu, Mudaliarpet (PSL),
Puducherry.
....
Counter Petitioner
This petition along with case sheet is filed by the Sub-Inspector of Police,
Thiru D. Murugan, Odiansalai 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.
796
LA GAZETTE DE L’ETAT
[ PART-I
796
2. The Counter Petitioner is Thiru Soundarapandian @ Gopalakrishnan (36),
son of Baskar @ Kandasamy, a resident of No. 01, Lazar Koil Street, Deburayapet,
Puducherry (Present Address: No. 34, Pillaiyar Koil Street, Thengaithittu,
Mudaliarpet (PSL), Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
submitted by the Station House Officer, Odiansalai Police Station through the
Superintendent of Police (East), Puducherry vide I.R. No.26/2022, under section 144
of Cr.P.C., dated 05-06-2022. Therein it has been stated that the Counter Petitioner
has indulging in crime such as hurt, body harm cases and disturbance to the public
tranquility and order. The Petitioner has also submitted that the Counter Petitioner
is a young and energetic rowdy element and shows his muscle power by committing
offences for petty reasons. He is very active and therefore his criminal activities
cannot be prevented by invoking the mere security proceedings under the Cr.P.C.,
In this connection, the Petitioner had stated that the following criminal cases were
registered against the Counter Petitioner.
1. Cr.No. 46/2009 under sections 323, 294, 506(II) r/w 34 IPC @ 143, 324,
323, 294, 506(II) r/w 149 IPC of Odiansalai Police Station, Puducherry
– Acquitted.
2. Cr.No. 193/2011 under sections 294, 506(I) r/w 34 IPC @ 326, 323, 506(I)
r/w 34 IPC of Odiansalai Police Station, Puducherry - Acquitted.
3. Cr.No. 396/2011 under sections 326, 323, 506(I) r/w 34 IPC of Oiansalai
Police Station, Puducherry - Acquitted.
4. Cr.No. 18/2012 under sections 147, 148, 452, 427, 324, 506(II), 109 r/w
149 IPC , Odiansalai Police Station, Puducherry - Acquitted.
5. Cr.No. 82/2013 under sections147, 148, 307, 109 r/w 149 IPC & 3&4 of
Explosive Substance Act, Odiansalai Police Station, Puducherry –
Pending Trail.
6. Cr.No. 13/2015 under sections 147, 148, 302, 307 IPC r/w 149 IPC,
Odiansalai Police Station, Puducherry – Pending Trail.
7. Cr.No. 72/2021 under section 507 IPC, dated 20-06-2021 of
Reddiarpalayam Police Station, Puducherry – Under Investigation.
4. Further, it is submitted that on 05-10-2020, while SGASI-Anbarasan was
in the GD Charge at Police Station, Ariyankuppam and received information from
GH OP, Puducherry that one Deepulan (24), son of Lenin, No 23, Arokiyamatha Koil
Street, Duprayapet, Puducherry was admitted as inpatient alleging that he was
assaulted by unknown persons at Harbour Road, Veerampattinam, Puducherry.
Immediately, he went to GH Puducherry and received intimation vide No. 7689.
Then he enquired the injured Deepulan and obtained a complaint from him in
the presence of Medical Officer wherein he stated that on 04-10-2020 at about
02.00 hrs. at Harbour Road, Veerampattinam, Puducherry, the Counter Petitioner
(1) Soundarapandiyan @ Gopalakrishinan and his associates, (2) Tanika @
Thanikaiyarasu, (3) Gowshi @ Kowsika Bala Subramanian, (4) Daveeth @
Zhandhaveeth, (5) Simon @ Easuanthony, (6) Vengatesh @ Nagaraj, (7) Dessappan
were assaulted him with iron rod and knife while he was riding with his friend
Nesther in the bike and threatened him with dire consequences due to previous
enmity. Based on the complaint a case in Cr. No. 389/2020, under scetions 324, 506(ii)
IPC r/w 34 IPC was registered and took up for investigation. During course of
PART-I ]
LA GAZETTE DE L’ETAT
797
investigation, death intimation was received that the complainant Deeplan was
expired on 07-10-2020 at about 09.00 while undergoing treatment. Consequently,
the section of law was altered from 324, 506(ii) IPC r/w 34 IPC to 302 IPC r/w 34
IPC. In pursuance of their confession statements, it revealed that they along with
and Ravi @ Bomb Ravi of Vandarapet had criminal conspired and committed the
offence in this case.
5. It is further submitted that on 24-10-2021, the Counter Petitioner
Soundarapandiyan @ Gopalakrishinan’s associate Ravi @ Sathish Ravi was brutally
murdered by his enmity. Hence, the Counter Petitioner and his associates had
planned they will take revenge killing on the persons responsible for Bomb Ravi @
Sathish's killing whether if, they are in Jail or outside.
6. 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 group of rowdy elements and to meet expenses in connection
with the trial in the pending criminal cases against him. He is hatching plans to
threaten the business people in the Puducherry urban area and extort money from
them by threatening. And also, he is having close contact with other rowdy
elements. 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.
It is also stated that the Counter Petitioner violated the conditions imposed by the
Criminal Courts.
7. The Petitioner further submitted that if, the Counter Petitioner is allowed
to reside in the village, it is apprehended that he would continue to indulge in
serious offences like hurt, criminal intimidation, assault, obstructions and
annoyance, danger to the human life and properties, and thereby emerged as a
perennial source of threat to the community and disturb public peace and
tranquility. Hence, the Station House Officer, Odiansalai 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.
8. 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 20-06-2022 to appear for the hearing on 11-07-2022.
It was instructed to serve the notice to the Counter Petitioner through the Station
House Officer, Odiansalai Police Station, Puducherry. The notice was received by
the Counter Petitioner.
9. On 11-07-2022, the Petitioner Thiru D. Murugan, Sub-Inspector of Police,
Odiansalai Police Station, Puducherry and the Counter Petitioner were present.
10. 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 hurt, murder and disturbance to the
public peace and order. There are various 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.
798
LA GAZETTE DE L’ETAT
[ PART-I
798
11. 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 assault, damages to public and private
properties, obstructions, annoyance, 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.
Hence, I, M. Kandasamy, do hereby in the capacity of Subdivisional
Magistrate (North), Puducherry, in exercise of powers conferred under section 144(1)
of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitoner Thiru Soundarapandian @ Gopalakrishnan (36), son of Baskar @
Kandasamy, a resident of No. 1, Lazar Koil Street, Deburayapet, Puducherry (Present
Address: No. 34, Pillaiyar Koil Street, Thengaithittu, Mudaliarpet, 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 11th day of July, 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. 127/2022 of I.R.No. 27/2022 under section 144 of Cr.P.C./1975
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Sub-Inspector of Police,
Odiansalai Police Station,
Puducherry.
. .
Petitioner
Vs
Thiru Gowsiga Balasubramanian @ Gowsi (26),
S/o. Baskaran @ Kandasamy,
No. 19, Lazar Koil Street,
Deburayapet,
Puducherry.
. .
Counter Petitioner
PART-I ]
LA GAZETTE DE L’ETAT
799
This petition along with case sheet is filed by the Sub-Inspector of Police,
Thiru D. Murugan, Odiansalai 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 Gowsiga Balasubramanian @ Gowsi (26),
son of Baskaran @ Kandasamy, a resident of No. 19, Lazar Koil Street, Deburayapet,
Puducherry (Present address: No. 9, Nagathamman Koil Street, Thengaithittu,
Mudaliarpet, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
submitted by the Station House Officer, Odiansalai Police Station, Puducherry,
through the Superintendent of Police (East), Puducherry vide I.R.No. 27/2022 under
section 144 of Cr.P.C., dated 06-06-2022. Therein, it has been stated that the Counter
Petitioner has indulging in crime such as hurt, body harm cases and disturbance
to the public tranquility and order. The Petitioner has also submitted that the
Counter Petitioner is a young and energetic rowdy element and shows his muscle
power by committing offences for petty reasons. He is very active and therefore
his criminal activities cannot be prevented by invoking the mere security
proceedings under the Cr.P.C., In this connection, the Petitioner had stated that
the following criminal cases were registered against the Counter Petitioner.
1. Cr.No. 426/2009 under sections 324, 294, 506(II) r/w 34 IPC @ 143, 324,
323, 294, 506(II), r/w 149 IPC of Odiansalai Police Station, Puducherry
– Acquitted.
2. Cr.No. 193/2011 under sections 264, 506(I) r/w 34 IPC of Odiansalai
Police Station, Puducherry – Acquitted.
3. Cr.No. 396/2011 under sections 324, 506(I) r/w 34 IPC @ 326, 323, 506(I),
r/w 34 IPC of Odiansalai Police Station, Puducherry – Acquitted.
4. Cr.No. 18/2012 under sections 147, 148, 452, 427, 324, 506(II), 109, r/w
149 IPC of Odiansalai Police Station, Puducherry – Acquitted.
5. Cr.No. 82/2013 under sections 147, 148, 307, 109 r/w 149 IPC and 374 of
Explosive substance Act of Odiansalai Police Station, Puducherry –
Pending Trial.
6. Cr.No. 13/2015 under sections 147, 148, 302, 307 IPC r/w 149 IPC of
Odiansalai Police Station, Puducherry – Pending Trial.
7. Cr.No. 389/2020 under sections 324, 506(ii) IPC r/w 34 IPC @ 302 IPC,
r/w 34 IPC and 120(B) IPC of Ariyankuppam Police Station, Puducherry.
4. Further, it is submitted that on 05-10-2020, while SGASI-Anbarasan was
in the GD Charge at Police Station, Ariyankuppam and received information from
GH OP, Puducherry that one Deepulan (24), son of Lenin, No. 23, Arokiyamatha
Koil Street, Duprayapet, Puducherry, was admitted as inpatient alleging that he
was assaulted by unknown persons at Harbour road, Veerampattinam, Puducherry.
Immediately, he went to Government Hospital, Puducherry and received intimation
vide No. 7689. Then he enquired the injured Deepulan and obtained a complaint
from him in the presence of Medical Officer wherein, he stated that on 04-10-2020
at about 02.00 hrs. at Harbour Road, Veerampattinam, Puducherry, the Counter
Petitioner (1) Gowsiga Balasubramanian @ Gowsi (26), son of Baskaran @
Kandasamy, No.19, Lazar Koil Street, Deburayapet, Pondicherry and his associates
800
LA GAZETTE DE L’ETAT
[ PART-I
800
(2) Soundarapandiyan @ Gopalakrishinan, (3) Tanikash @ Thanikaiyarasu,
(4) Daveeth @ Zhandhaveeth, (5) Simon @ Easuanthony, (6) Vengatesh @ Nagaraj,
(7) Dessappan were assaulted him with iron rod and knife while he was riding with
his friend Nesther in the bike and threatened him with dire consequences due to
previous enmity. Based on the complaint a case in Cr. No. 389/2020 under sections
324, 506(ii) IPC r/w 34 IPC was registered and took up for investigation. During
course of investigation, death intimation was received that the complainant Deeplan
was expired on 07-10-2020 at about 09.00 while undergoing treatment.
Consequently, the section of law was altered from 324, 506(ii) IPC r/w 34 IPC to 302
IPC r/w 34 IPC In pursuance of their confession statements, it revealed that they
along with and Ravi @ Bomb Ravi of Vandarapet had criminal conspired and
committed the offence in this case.
5. It is further submitted that on 24-10-2021, the Counter Petitioner
Thiru Gowsiga Balasubramanian @ Gowsiga’s associate Ravi @ Sathish Ravi was
brutally murdered by his enmity. Hence, the Counter Petitioner and his associates
had planned they will take revenge killing on the persons responsible for Bomb
Ravi @ Sathish’s killing whether if, they are in Jail or outside.
6. 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 group of rowdy elements and to meet expenses in connection
with the trial in the pending criminal cases against him. He is hatching plans to
threaten the business people in the Puducherry urban area and extort money from
them by threatening. And also, he is having close contact with other rowdy
elements. 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.
It is also stated that the Counter Petitioner violated the conditions imposed by the
Criminal Courts. Further, the Counter Petitioner’s associate Ravi @ Sathish Ravi
was brutally murder. Hence, the Counter Petitioner and his associates had planned
that they will take revenge by killing the persons responsible for the murder of
Thiru Bomb Ravi @ Sathish whether they are in jail or outside.
7. The Petitioner further submitted that if, the Counter Petitioner is allowed
to reside in the village, it is apprehended that he would continue to indulge in
serious offences like hurt, criminal intimidation, assault, obstructions and
annoyance, danger to the human life and properties, and thereby emerged as a
perennial source of threat to the community and disturb public peace and
tranquility. Hence, the Station House Officer, Odiansalai 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.
8. 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 20-06-2022 to appear for the hearing on 11-07-2022.
It was instructed to serve the notice to the Counter Petitioner through the Station
House Officer, Odiansalai Police Station, Puducherry. The notice was received by
the Counter Petitioner.
9. On 11-07-2022, the Petitioner Thiru D. Murugan, Sub-Inspector of Police,
Odiansalai Police Station, Puducherry and the Counter Petitioner were present.
PART-I ]
LA GAZETTE DE L’ETAT
801
10. 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 hurt, murder and disturbance to the
public peace and order. There are various 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.
11. 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 assault, damages to public and private
properties, obstructions, annoyance, 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.
12. Hence, I, M. Kandasamy, do hereby in the capacity of Subdivisional
Magistrate (North), Puducherry, in exercise of powers conferred under section 144(1)
of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitioner Thiru Gowsiga Balasubramanian @ Gowsi (26), son of Baskaran @
Kandasamy, a resident of No. 19, Lazar Koil Street, Deburayapet, 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 11th day of July, 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. 129/2022 of I.R.No. 30/2022 under section 144 of Cr.P.C./1976
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Sub-Inspector of Police,
Odiansalai Police Station,
Puducherry.
. .
Petitioner
Vs
802
LA GAZETTE DE L’ETAT
[ PART-I
802
Thiru Thanigaiarasu @ Thaniga (34),
S/o. Baskaran @ Kandasamy,
No. 19, Lazar Koil Street,
Deburayapet,
Puducherry.
. .
Counter-Petitioner
This petition along with case sheet is filed by the Sub-Inspector of Police,
Thiru D. Murugan, Odiansalai 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 Thanigaiarasu @ Thaniga (34), son of
Baskaran @ Kandasamy, a resident of No. 19, Lazar Koil Street, Deburayapet,
Puducherry.
3. The facts which led up to the petition are briefly as follows: The facts
which led up to the petition are briefly as follows: The case submitted by the Station
House Officer, Odiansalai Police Station, Puducherry, through the Superintendent
of Police (East), Puducherry vide I.R.No. 30/2022 under section 144 of Cr.P.C., dated
10-06-2022. Therein, it has been stated that the Counter Petitioner has indulging in
crime such as hurt, body harm cases and disturbance to the public tranquility and
order. The Petitioner has also submitted that the Counter Petitioner is a young and
energetic rowdy element and shows his muscle power by committing offences for
petty reasons. He is very active and therefore, his criminal activities cannot be
prevented by invoking the mere security proceedings under the Cr.P.C., In this
connection, the Petitioner had stated that the following criminal cases were
registered against the Counter Petitioner.
1. Cr.No. 426/2009 under sections 323, 294, 506(II) r/w 34 IPC @ 143, 324,
323, 294, 506(II) r/w 149 IPC, dated 21-09-2009 – Acquitted.
2. Cr.No. 396/2011 under sections 324, 323, 506(I) r/w 34 IPC @ 326, 323,
506(I) r/w 34 IPC, dated 06-11-2011 – Acquitted.
3. Cr.No. 82/2013 under sections 147, 148, 307, 109 r/w 149 IPC and 3 and
4 of Explosive substances Act, dated 29-04-2013 – Under Investigation.
4. Cr.No. 13/2015 under sections 147, 148, 302, 307 IPC r/w 149 IPC, dated
19-01-2015 – Pending Trial.
5. Cr.No. 21/2018 under sections 212, 115, 150, 120, 120(B), 148 r/w 149
(302) IPC-2 counts and 27(1) of Arms Act, 1959 of D’Nagar Police
Station, Puducherry, dated 28-01-2018 – Under Investigation.
6. Cr.No. 126/2012 under section 107 of Cr.P.C., dated 09-10-2012 –
Discharged.
4. Further, it is submitted that on 05-10-2020, while SGASI-Anbarasan was
in the GD Charge at Police Station, Ariyankuppam and received information from
GH OP, Puducherry that one Deepulan (24), son of Lenin, No. 23, Arokiyamatha
Koil Street, Duprayapet, Puducherry, was admitted as inpatient alleging that he
was assaulted by unknown persons at Harbour road, Veerampattinam, Puducherry.
Immediately, he went to GH Puducherry and received intimation vide No. 7689.
Then he enquired the injured Deepulan and obtained a complaint from him in
the presence of Medical officer wherein, he stated that on 04-10-2020 at about
02.00 hrs at Harbour Road, Veerampattinam, Puducherry, the Counter Petitioner
PART-I ]
LA GAZETTE DE L’ETAT
803
(1) Tanika @ Thanikaiyarasu (34), son of Baskaran @ Kandasamy, No. 19, Lazar
Koil Street, Deburayapet, Pondicherry and his associates (2) Soundarapandiyan @
Gopalakrishinan, (3) Gowsiga Balasubramanian @ Gowsi (26), son of Baskaran @
Kandasamy, (4) Daveeth @ Zhandhaveeth, (5) Simon @ Easuanthony, (6) Vengatesh
@ Nagaraj, (7) Dessappan were assaulted him with iron rod and knife while he was
riding with his friend Nesther in the bike and threatened him with dire consequences
due to previous enmity. Based on the complaint a case in Cr.No. 389/2020 under
section 324, 506(ii) IPC r/w 34 IPC was registered and took up for investigation.
During course of investigation, death intimation was received that the complainant
Deeplan was expired on 07-10-2020 at about 09.00 while undergoing treatment.
Consequently, the section of law was altered from 324, 506(ii) IPC r/w 34 IPC to 302
IPC r/w 34 IPC In pursuance of their confession statements, it revealed that they
along with and Thiru Ravi @ Bomb Ravi of Vandarapet had criminal conspired and
committed the offence in this case.
5. It is further submitted on 24-10-2021, the Counter Petitioner Tanika @
Thanikaiyarasu (34), son of Baskaran @ Kandasamy associate Ravi @ Sathish Ravi
was brutally murdered by his enmity. Hence, the Counter Petitioner and his
associates had planned that they will take revenge killing on the persons responsible
for Bomb Ravi @ Sathish’s killing whether if, they are in Jail or outside.
6. 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 group of rowdy elements and to meet expenses in connection
with the trial in the pending criminal cases against him. He is hatching plans to
threaten the business people in the Puducherry urban area and extort money from
them by threatening. And also, he is having close contact with other rowdy
elements. 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.
It is also stated that the Counter Petitioner violated the conditions imposed by the
Criminal Courts.
7. The Petitioner further submitted that if the Counter Petitioner is allowed
to reside in the Village, it is apprehended that he would continue to indulge in
serious offences like hurt, criminal intimidation, assault, obstructions and
annoyance, danger to the human life and properties and thereby emerged as a
perennial source of threat to the community and disturb public peace and
tranquility. Hence, the Station House Officer, Odiansalai 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.
8. 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 20-06-2022 to appear for the hearing on 11-07-2022.
It was instructed to serve the notice to the Counter Petitioner through the Station
House Officer, Odiansalai Police Station, Puducherry. The notice for the Counter
Petitioner was received by his relative, Tmt. P. Bathma. The service was held
sufficient for the Counter Petitioner.
9. On 11-07-2022, the Petitioner Thiru D. Murugan, Sub-Inspector of Police,
Odiansalai Police Station, Puducherry, was present. The Counter Petitioner has failed
to appear before the Court on hearing date.
804
LA GAZETTE DE L’ETAT
[ PART-I
804
10. 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 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 hurt, murder and disturbance to the public peace and
order. There are various criminal cases were registered against him.
11. 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 assault, damages to public and private properties,
obstructions, annoyance, 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.
12. Hence, I, M. Kandasamy, do herby in the capacity of Subdivisional
Magistrate (North), Puducherry, in exercise of powers conferred under section 144(1)
of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitioner Thiru Thanigaiarasu @ Thaniga (34), son of Baskaran @ Kandasamy, a
resident of No. 19, Lazar Koil Street, Deburayapet, 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 the 11th day of July, 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. 130/2022 of I.R.No. 31/2022 under section 144 of Cr.P.C./1977
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Sub-Inspector of Police,
Odiansalai Police Station,
Puducherry.
. .
Petitioner
Vs
Thiru Dhandapani (36),
S/o. Vellikannu,
No. 62, Kallarai Road,
Vandrapet,
Puducherry.
. .
Counter Petitioner
PART-I ]
LA GAZETTE DE L’ETAT
805
This petition along with case sheet is filed by the Sub-Inspector of Police,
Thiru D. Murugan, Odiansalai 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 Dhandapani (36), son of Vellikannu,
a resident of No. 62, Kallarai Road, Vandrapet, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
submitted by the Station House Officer, Odiansalai Police Station, Puducherry,
through the Superintendent of Police (East), Puducherry vide I.R.No. 31/2022 under
section 144 of Cr.P.C., dated 11-06-2022. Therein, it has been stated that the Counter
Petitioner has indulging in crime such as hurt, body harm cases and disturbance
to the public tranquility and order. The Petitioner has also submitted that the
Counter Petitioner is a young and energetic rowdy element and shows his muscle
power by committing offences for petty reasons. He is very active and therefore
his criminal activities cannot be prevented by invoking the mere security
proceedings under the Cr.P.C., In this connection, the Petitioner had stated that
the following criminal cases were registered against the Counter Petitioner.
1. Cr.No. 17/2007 under sections 341, 324, 323 r/w 34 IPC of Odiansalai
Police Station, Puducherry – Acquitted.
2. Cr.No. 196/2007 under sections 336, 427 r/w 34 IPC of Odiansalai Police
Station, Puducherry – Acquitted.
3. Cr.No. 08/2008 under section 324 r/w 34 IPC of Odiansalai Police Station,
Puducherry – Acquitted.
4. Cr.No. 32/2008 under section 307 r/w 34 IPC of Mudaliarpet Police
Station, Puducherry – Acquitted.
5. Cr.No. 122/2008 under sections 324, 323 r/w 34 IPC of Odiansalai Police
Station, Puducherry – Acquitted.
6. Cr.No. 34/2009 under section 25(1)(A) of Arms Act & 506(ii) IPC of
Odiansalai Police Station, Puducherry – Acquitted.
7. Cr.No. 254/2009 under section 27 of Arms Act & 34 B(ix) of PP Act of
Odiansalai Police Station, Puducherry – Acquitted.
8. Cr.No. 82/2011 under sections 294, 506(ii) IPC & 27(i) of Arms Act of
Odiansalai Police Station, Puducherry – Acquitted.
9. Cr.No. 234/2011 under sections 147, 148, 302, 307, 452, 109 r/w 149 IPC
of Odiansalai Police Station, Puducherry – Pending Trial.
10. Cr.No. 50/2012 under section 27 of Arms Act & 34 BIX of PP Act of
Odiansalai Police Station, Puducherry – Acquitted.
11. Cr.No. 61/2012 under sections 399, 402 IPC, of Odiansalai Police Station,
Puducherry – Acquitted.
12. Cr.No. 91/2012 under sections 147, 148, 341, 332, 333, 302, 307, 109 IPC
& 3 of Explosive Substances Act, 1908 r/w 149 IPC & Section 3 of
P DPP Act 1984 of Thavalakuppam Police Station, Puducherry –
Acquitted.
806
LA GAZETTE DE L’ETAT
[ PART-I
806
13. Cr.No. 248/2012 under sections 143, 506(2) r/w 149 IPC of Grand Bazaar
Police Station, Puducherry – Pending Trial.
14. Cr.No. 24/2013 under sections 294, 506(2) r/w 34 IPC of Orleanpet Police
Station, Puducherry – Acquitted.
15. Cr.No. 128/2015 under sections 399, 402, 188 IPC of D’Nagar Police
Station, Puducherry – Pending Trial.
16. Cr.No. 32/2013 under section 353 IPC & Section 42 of Prison Act, 1894
of Kalapet Police Station, Puducherry – Pending Trial.
17. Cr.No. 193/2016 under sections 143, 387 IPC & 109, 120(b) IPC r/w, of
Odiansalai Police Station, Puducherry – Under Investigation.
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 group of rowdy elements and to meet expenses in connection
with the trial in the pending criminal cases against him. He is hatching plans to
threaten the business people in the Puducherry urban area and extort money from
them by threatening. And also, he is having close contact with other rowdy
elements. 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.
It is also stated that the Counter Petitioner violated the conditions imposed by the
Criminal Courts.
5. The Petitioner further submitted that if, the Counter Petitioner is allowed
to reside in the village, it is apprehended that he would continue to indulge in
serious offences like hurt, criminal intimidation, assault, obstructions and
annoyance, danger to the human life and properties, and thereby emerged as a
perennial source of threat to the community and disturb public peace and
tranquility. Hence, the Station House Officer, Odiansalai 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.
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 20-06-2022 to appear for the hearing on 11-07-2022.
It was instructed to serve the notice to the Counter Petitioner through the Station
House Officer, Odiansalai Police Station, Puducherry. The notice for the Counter
Petitioner was received by his mother, Tmt. V. Deivakanni. The service was held
sufficient for the Counter Petitioner.
7. On 11-07-2022 the Petitioner Thiru D. Murugan, Sub-Inspector of Police,
Odiansalai Police Station, Puducherry, was present. The Counter Petitioner has failed
to appear before the Court on hearing date.
8. 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 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 hurt, murder and disturbance to the public peace and
order. There are 17 criminal cases were registered against him in various Police
Stations.
PART-I ]
LA GAZETTE DE L’ETAT
807
9. 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 assault, damages to public and private properties, obstructions, annoyance,
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.
10. Hence, I, M. Kandasamy, do hereby in the capacity of Subdivisional
Magistrate (North), Puducherry, in exercise of powers conferred under section 144(1)
of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitioner Thiru Dhandapani (36), son of Vellikannu, a resident of No. 62, Kallarai
Road, Vandrapet, 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 11th day of July, 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. 131/2022 of I.R.No. 32/2022 under section 144 of Cr.P.C./1978
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Sub-Inspector of Police,
Odiansalai Police Station,
Puducherry.
. .
Petitioner
Vs
Thiru Vicky @ Vignesh (28),
S/o. Velu,
No. 5, D-1.Quarters,
Kandoctor Thottam,
Priyadarshini Nagar,
Puducherry.
. .
Counter Petitioner
808
LA GAZETTE DE L’ETAT
[ PART-I
808
This petition along with case sheet is filed by the Sub-Inspector of Police,
Thiru D. Murugan, Odiansalai 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 Thjiru Vicky @ Vignesh (28), son of Velu, a resident
of No. 5, D-1.Quarters, Kandoctor Thottam, Priyadarshini Nagar, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
submitted by the Station House Officer, Odiansalai Police Station, Puducherry,
through the Superintendent of Police (East), Puducherry vide I.R.No. 32/2022 under
section 144 of Cr.P.C., dated 12-06-2022. Therein, it has been stated that the Counter
Petitioner has indulging in crime such as hurt, body harm cases and disturbance
to the public tranquility and order. The Petitioner has also submitted that the
Counter Petitioner is a young and energetic rowdy element and shows his muscle
power by committing offences for petty reasons. He is very active and therefore
his criminal activities cannot be prevented by invoking the mere security
proceedings under the Cr.P.C., In this connection, the Petitioner had stated that
the following criminal cases were registered against the Counter Petitioner.
1. 128/2013 under section 27 of Arms Act & 34 BIX of PP Act, of
Odiansalai Police Station, Puducherry – Acquitted.
2. 16/2015 under sections 294(b), 323 r/w 34 IPC of Odiansalai Police
Station, Puducherry – Acquitted.
3. 03/2016 under sections 341, 323, 307, 427, 506(i) IPC r/w 34 IPC of
Odiansalai Police Station, Puducherry – Pending Trial.
4. 64/2016 under sections 506(ii) & 34 B IX of PP Act r/w 34 IPC of
Odiansalai Police Station, Puducherry – Pending Trial.
5. 80/2016 under sections 324, 323, 294(b), 506(ii) r/w 34 IPC of Grand
Bazaar Police Station, Puducherry – Acquitted.
6. 246/2016 under sections 147, 148, 324, 506(ii)r/w 149 IPC of Grand
Bazaar Police Station, Puducherry – Pending Trial.
7. 04/2018 under sections 294(b), 324, IPC of Odiansalai Police Station,
Puducherry – Pending Trial.
8. 107/2018 under section 435 r/w 34 IPC of Odiansalai Police Station,
Puducherry – Pending Trial.
9. 166/2018 under sections 468, 471, 420 r/w 34 IPC & 66-A of IT Act 2000
& 5 r/w 7(iii) of Lottery Regulation Act, 1998 of Odiansalai Police
Station, Puducherry – Under Investigation.
10. 240/2018 under sections 147,148, 324, 302 IPC r/w 149 IPC, dated
26-12-2018 of Orleanpet Police Station, Puducherry – Pending Trial.
11 236/2021 under sections 397, 364-A, 347 IPC, dated 11-10-2021 of Grand
Bazaar Police Station, Puducherry – Under Investigation.
PART-I ]
LA GAZETTE DE L’ETAT
809
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 group of rowdy elements and to meet expenses in connection
with the trial in the pending criminal cases against him. He is hatching plans to
threaten the business people in the Puducherry urban area and extort money from
them by threatening. And also, he is having close contact with other rowdy
elements. 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.
It is also stated that the Counter Petitioner violated the conditions imposed by the
Criminal Courts.
5. The Petitioner further submitted that if, the Counter Petitioner is allowed
to reside in the village, it is apprehended that he would continue to indulge in
serious offences like hurt, criminal intimidation, assault, obstructions and
annoyance, danger to the human life and properties, and thereby emerged as a
perennial source of threat to the community and disturb public peace and
tranquility. Hence, the Station House Officer, Odiansalai 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.
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 20-06-2022 to appear for the hearing on 11-07-2022.
It was instructed to serve the notice to the Counter Petitioner through the Station
House Officer, Odiansalai Police Station, Puducherry. The notice was received by
the Counter Petitioner.
7. On 11-07-2022, the petitioner Thiru D. Murugan, Sub-Inspector of Police,
Odiansalai 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 hurt, murder and disturbance to the
public peace and order. There are 11 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.
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 assault, damages to public and private
properties, obstructions, annoyance, 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.
810
LA GAZETTE DE L’ETAT
[ PART-I
810
10. Hence, I, M. Kandasamy, do hereby in the capacity of Subdivisional
Magistrate (North), Puducherry, in exercise of powers conferred under section 144(1)
of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitioner Thiru Vicky @ Vignesh (28), son of Velu, a resident of No. 5, D-1. Quarters,
Kandoctor Thottam, Priyadarshini 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 11th day of July, 2022, pronounced in the
open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
————
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