[ 1927 ]

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 182/2022 of I.R. No. 28/2022 Under Section 144 of Cr.P.C./2976

ORDER

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

State Represented by the Station House Officer,

Ariyankuppam Police Station,

Puducherry.

. .

Petitioner

Vs.

Thiru Sathish @ Mambazha Sathish @

Manikandan (27),

S/o. Dharmaraj,

No. 58, Sudalai Street,

Manavely, Ariyankuppam,

Puducherry.

. .

Counter Petitioner

Registered with the Registrar

of Newspapers for India

under No. 10410

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The Gazette of Puducherry

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No.

144

Poudouchéry

Mercredi

2

Novembre

2022 (11 Kartika 1944)

No.

Puducherry

Wednesday

2nd

November

2022

1928

LA GAZETTE DE L’ETAT

[ PART-I

1928

This petition along with case sheet is filed by the Station House Officer,

Ariyankuppam Police Station, Puducherry, praying to pass orders under section

144 of Cr.P.C., against Thiru Sathish @ Mambazha Sathish @ Manikandan (27) 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 Sathish @ Mambazha Sathish @

Manikandan (27), son of Dharmaraj, No. 58, Sudalai Street, Manavely,

Ariyankuppam, Puducherry.

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

submitted by the Station House Officer, Ariyankuppam Police Station, Puducherry,

through the Superintendent of Police (South), Puducherry vide I.R. No.28/2022

under sectiion 144 of Cr.P.C., dated 05-08-2022. Therein, it has been stated that the

Counter Petitioner has formed a gang of rowdies and bent up on indulging in crime

such as murder, attempt to murder, dacocity, theft, hurt, explosive cases. The Counter

Petitioner has created panic in the minds of local inhabitants. It is also stated that

he is extorting money from the local merchants and is leading lavish life with the

money earned through exortion. 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 you are the accused. In this connection, the

petitioner had stated that the following criminal cases were registered against the

Counter Petitioner.

1. 3(2) of the Puducherry Prevention of Anti-Social Activities Act, 2008

of Ariyankuppam Police Station, Puducherry – Pending Trial.

2. Cr.No. 23/2015 under sections 323, 324, 506 (ii) IPC r/w 34 IPC, dated

17-02-2015 of Ariyankuppam Police Station, Puducherry – Pending

Trial.

3. Cr.No. 79/2015 under sections 147, 148, 294 (b), 323, 324, 506 (ii) IPC,

dated 15-06-2015 of Ariyankuppam Police Station, Puducherry –

Pending Trail.

4. Cr.No. 01/2016 under sections 147, 148, 307, 341, 324, 323 IPC r/w 149

IPC, dated 01-01-2016 of Ariyankuppam Police Station, Puducherry –

Pending Trial.

5. Cr.No. 04/2020 under sections 356, 379, IPC r/w 34 IPC of Nedungadu

Police Station, Karaikal – Pending Trial.

6. Cr.No. 127/2020 under section 34, A3 PP Act of Nedungadu Police

Station, Karaikal – Pending Trial.

7. Cr.No. 876/2020 under sections 147, 341, 108, 302 IPC and 3 of Explosive

Act of Kottakuppam Police Station, Tamil Nadu – 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. It is

also stated that he has involved in various offences by using aruval, knife and

explosive substances to attack the victims.

PART-I ]

LA GAZETTE DE L’ETAT

1929

5. It is also stated in the I.R that the Station House Officer has received

reliable information that he 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. The Counter Petitioner hatching plans to

threaten the business people in the Puducherry urban and rural areas and extort

money from them by threatening and he violated the conditions imposed by the

Criminal Courts and have scant respect to the judiciary and rule of law. The

Petitioner also stated that the Counter Petitioner earned displeasure among a

section of other rowdy group in the area on account of the grudge against him and

hence, rival group is also waiting opportunity to take revenge upon him.

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

to reside in Ariyankuppam limits, it is apprehended that you would continue to

indulge in serious offences like murder, extortion, damages, to public and private

properties, assault, obstructions, annoyance, etc., and thereby emerged as a

perennial source of threat to the community and disturb public peace and order.

Hence, the Station House Officer, Ariyankuppam Police Station, Puducherry, has

prayed to invoke provisions under section 144 of Cr.P.C., against the Counter

Petitioner do not to enter into the jurisdiction of this Court, for a period of two

months as to prevent danger to the human life and properties, and disturbance to

the public tranquility and order;

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

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

served to both the parties on 11-10-2022 to appear for the hearing on 17-10-2022

and further hearings on 18-10-2022 and 19-10-2022 at 10.00 a.m. It was instructed

to serve the notice to the Counter Petitioner through the Station House Officer,

Ariyankuppam Police Station, Puducherry. The notice for the Counter Petitioner

was received by his sister, Ms. D. Sangeetha. The service was held sufficient for

the Counter Petitioner.

8. On 19-10-2022, the Petitioner represented by Thiru Palanisamy,

Sub-Inspector, Ariyankuppam Police Station, Puducherry, was present. The Counter

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

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

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

the activities of Thiru Sathish @ Mambazha Sathish @ Manikandan (27) 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.

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

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

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

offences like murder, exortion, damages to public and private properties, assault,

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;

1930

LA GAZETTE DE L’ETAT

[ PART-I

1930

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 Sathish @ Mambazha Sathish @ Manikandan (27), son of Dharmaraj, a

resident of No. 58, Sudalai Street, Manavely, Ariyankuppam, 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 19th day of October, 2022 pronounced in the

open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

————

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 183/2022 of I.R. No. 37/2022 Under Section 144 of Cr.P.C./2977

ORDER

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

State Represented by the Station House Officer,

Mettupalayam Police Station,

Puducherry.

. .

Petitioner

Vs.

Thiru Rangaraj @ Pullian Kottai (23),

S/o. Ramalingam,

No. 31, East 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 section

144 of Cr.P.C., against Thiru Rangaraj @ Pullian Kottai 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 Rangaraj @ Pullian Kottai (23), son of

Ramalingam, a resident of No. 31, East 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 with the

recommendation of the Superintendent of Police (North), Puducherry vide I.R. No.37/

2022, under section 144 of Cr.P.C., dated 09-09-2022. Therein, it has been stated

PART-I ]

LA GAZETTE DE L’ETAT

1931

that the Counter Petitioner has indulging in crime such as dacocity, riot, hurt,

intimidation 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. 06/2021 under sections 294(b), 385 IPC, dated 24-01-2021 of

Reddiyarpalayam Police Station, Puducherry.

2. Cr.No. 02/2021 under sections 324, 397 IPC, dated 04-01-2021 of

Reddiyarpalayam Police Station, Puducherry.

3. Cr.No. 11/2020 under sections 294(b), 427, 324, 506(ii) r/w 34 IPC, dated

29-01-2020 of D’Nagar Police Station, Puducherry.

4. Cr.No.46/2019 under sections 302, 109 IPC r/w 34 IPC and 3 of Explosive

Substances Act, 1908 @ 120-B, 302,109 IPC r/w 34 IPC & 3 of Explosive

Substances Act, 1908, dated 23-09-2019 of Kalapet Police Station,

Puducherry.

5. Cr.No. 94/2019 under sections 294(b), 324, 307, 3 of Explosive

Substances Act, 1908 @ 302 IPC, dated 15-04-2019 of Vanur Police

Station, Tamil Nadu.

6. Cr.No. 19/2019 under section 25 (1) (a) of Arms Act, 1959, dated

20-02-2019.

7. Cr.No. 68/2018 under sections 294 (b), 324, 506 (ii) r/w 149 IPC, dated

19-04-2018 of Odiansalai Police Station, Puducherry.

8. Cr.No. 363/2018 under section 399 IPC, dated 19-04-2018 of

Kottakuppam Police Station, Tamil Nadu.

9. Cr.No. 33/2018 under sections 294 (b), 427, 506 (ii) IPC r/w 34 IPC, dated

19-04-2018 of Mettupalayam Police Station, Puducherry.

4. The Petitioner further submitted that the Counter Petitioner is a 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 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, 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 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.

1932

LA GAZETTE DE L’ETAT

[ PART-I

1932

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 11-10-2022 to appear for the hearing on 17-10-2022

and the further hearing on 18-10-2022 and 19-10-2022 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 due to absence of

the Counter Petitioner at his house. The service was held sufficient for the Counter

Petitioner.

7. On 19-10-2022, 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 Rangaraj @ Pullian Kottai 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 nine criminal cases were

registered against him in various 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 Rangaraj @ Pulian Kottai (23), son of Ramalingam, a resident of No. 31, East

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 this 19th day of October, 2022 pronounced in the

open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

PART-I ]

LA GAZETTE DE L’ETAT

1933

IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 184/2022 of I.R. No. 39/2022 Under Section 144 of Cr.P.C./2974

ORDER

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

State Represented by the Station House Officer,

Mettupalayam Police Station,

Puducherry.

. .

Petitioner

Vs.

Thiru Dhinesh @ Kokkadi (23),

S/o. Rajendiran,

No. 28, Pump House Street,

Seran Nagar,

Muthirayarpalayam,

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 Dhinesh @ Kokkadi 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 Dhinesh @ Kokkadi (23), son of Rajendiran,

a resident of No. 28, Pump House Street, Seran Nagar, Muthirayarpalayam,

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. 39/2022 under section 144 of Cr.P.C., dated 22-09-2022. Therein, it has been

stated that the Counter Petitioner has formed a gang of rowdies and involved in

murder, rioting and indulging to crime such as by using lethal weapons and exortion.

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. 77/2017 under sections 147, 148, 294 (b), 324, 506(i) r/w 149 IPC,

dated 29-03-2017 of D’Nagar Police Station, Puducherry – Pending

Trial.

2. Cr.No. 94/2019 under sections 147, 148, 294 (b), 307, 302, 120(b) IPC

r/w 149 IPC, 73 of Explosive Substances Act of Vanur Police Station,

Tamil Nadu – Pending Trial.

1934

LA GAZETTE DE L’ETAT

[ PART-I

1934

3. Cr. No. 11/2020 under sections 294 (b), 427, 324, 506(ii) r/w 34 IPC, dated

15-04-2020 of D’Nagar 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 Petitoner collect mamool through his associates from the business people

of 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 North limits, it is apprehended that he would continue to

indulge in serious offences like hurt, 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 11-10-2022 to appear for the hearing on 17-10-2022

and the further hearings on 18-10-2022 and 19-10-2022 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 was served to the Counter

Petitioner.

7. On 19-10-2022, the Petitioner represented by Thiru K. Arul, Assistant

Sub-Inspector, Mettupalayam Police Station, Puducherry and the Counter Petitioner

were present.

8. I have heard the both the sides and carefully gone through all the

available records placed by the Petitioner. In the Police Information Report/Petition,

it is stated that the activities of Thiru Dhinesh @ Kokkadi 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 three criminal cases were

registered against him in various Police Station.

9. Upon hearing both sides and on perusal of the records submitted by

the Petitioner I am of the opinion that if, the Counter Petitioner is allowed to reside

within the limits of my jurisdiction, the Counter Petitioner will continue to indulge

in and also motivate serious offences like murder, assault, 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.

PART-I ]

LA GAZETTE DE L’ETAT

1935

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 Dhinesh @ Kokkadi (23), son of Rajendiran, a resident of No. 28, Pump

House Street, Seran Nagar, Muthirayarpalayam, 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 19th day of October, 2022 pronounced in the

open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

————

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Published by the Director, Government Press, Puducherry.