[ 15 ]

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 155/2022 of I.R. No. 41/2022 Under Section 144 of Cr.P.C./17

ORDER

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

State Represented by the Station House Officer,

Orleanpet Police Station,

Puducherry.

. .

Petitioner

Vs.

Thiru Kavi @ Kaviarasan @ Manibalan (22),

S/o. Kandiyappan,

3rd Cross, Murugan Koil Back Side,

Periyar Nagar, Nellithope

Puducherry.

. .

Counter Petitioner

Registered with the Registrar

of Newspapers for India

under No. 10410

Registered No. PY/44/2021-23

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Jeudi

Janvier

2023 (15 Pausa 1944)

No.

Puducherry

Thursday

5th

January

2023

1 6

LA GAZETTE DE L’ETAT

[ PART-I

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 Kavi @ Kaviarasan @ Manibalan (22), 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 Kavi @ Kaviarasan @ Manibalan (22), son of

Kandiyappan, a resident of No. 3rd Cross, Murugan Koil Back Side, Periyar Nagar,

Nellithope, 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. 41/2022 under

section 144 of Cr.P.C., dated 21-07-2022 and additional information of the Station

House Officer, Orleanpet Police Station, Puducherry, dated 13-12-2022. Therein, it

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

indulging in crimes such as ganjas, arms, explosive cases, attempt to murder, hurt,

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. 42/2017 under sections 20(b) r/w 8 (c) NDPS Act of 1985, r/w

149 IPC of Orleanpet Police Station, Puducherry.

2. Cr.No. 160/2017 under sections 25(1) (a) of Arms Act and 506 (ii) IPC

of Orleanpet Police Station, Puducherry.

3. Cr.No. 92/2022 under section 4 (b) of Explosive Substances Act, 1908

r/w 34 IPC, dated 05-05-2022 of Orleanpet Police Station, Puducherry.

4. The Petitioner further stated that the Counter Petitioner is having close

contact with more number of accused persons 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 had 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.

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 criminal intimidation, ganjas,

arms, explosive, assault, obstructions and annoyance, damages to the public and

PART-I ]

LA GAZETTE DE L’ETAT

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 19-12-2022 to appear for the hearing on 22-12-2022 at

10.00 a.m. It was instructed to serve the notice to the Counter Petitioner through

the Station House Officer, Orleanpet Police Station, Puducherry. The notice was

received by the Counter Petitioner.

9. On 22-12-2022, the Petitioner represented by Thiru Chandrasegaran,

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 Kavi @ Kaviarasan @ Manibalan (22), 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 explosive substance case, ganja, arms

case, explosive case and disturbance to the public peace and order. There are three

criminal cases were registered against him in the Orleanpet Police Station,

Puducherry.

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 Kavi @ Kaviarasan @ Manibalan (22), son of Kandiyappan, a resident of

3rd Cross, Murugan Koil Back Side, Periyar Nagar, Nellithope, 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 22nd day of December, 2022 pronounced in

the open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

1 8

LA GAZETTE DE L’ETAT

[ PART-I

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 185/2022 of I.R. No. 42/2022 Under Section 144 of Cr.P.C./18

ORDER

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

State Represented by the Station House Officer,

Orleanpet Police Station,

Puducherry.

. .

Petitioner

Vs.

Thiru Aravindh (19),

S/o. Jean Michel Danial Saintilare,

No. 8, 8th Cross, Murugan Koil Back Side,

Periyar Nagar, Nellithope,

Puducherry.

. .

Counter Petitioner

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 Aravindh (19), 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 Aravindh (19), son of Jean Michel Danial

Saintilare, a resident of No. 8, 8th Cross, Murugan Koil Back Side, Periyar Nagar,

Nellithope, 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. 42/2022 under

section 144 of Cr.P.C., dated 26-07-2022 and additional information of the Station

House Officer, Orleanpet Police Station, Puducherry, dated 13-12-2022. Therein, it

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

indulging in crimes such as explosive cases, attempt to murder 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. 209/2020 under sections 307, 324 IPC r/w 34 IPC @ 147, 148,

307, 294 (b), 324 IPC r/w 149 IPC @ 147, 148, 307, 294 (b), 323, 324 IPC

r/w 149 IPC, dated 19-10-2020 of Orleanpet Police Station, Puducherry.

2. Cr.No. 92/2022 under sections 4 (b) of Explosive Substances Act, 1908