[ 137 ]

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 221/2022 of I.R. No. 79/2022 Under Section 144 of Cr.P.C./751

ORDER

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

State Represented by the Inspector of Police,

Lawspet Police Station,

Puducherry.

. .

Petitioner

Vs.

1. Thiru Jegan @ Jegadish (36),

S/o. Kumar,

No. 125, Edayanchavady Road,

Karuvadikuppam, Lawspet,

Puducherry.

Registered with the Registrar

of Newspapers for India

under No. 10410

Registered No. PY/44/2021-23

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2023 (2 Chaitra 1945)

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Puducherry

Thursday

23rd

March

2023

138

LA GAZETTE DE L’ETAT

[ PART-I

138

2. Thiru Janarthanan (26),

S/o. Kumar,

No. 125, Edayanchavady Road,

Karuvadikuppam, Lawspet,

Puducherry.

3. Thiru Sowndaraj (27),

S/o. Govindasamy,

No. 70, Mettu Street,

Karuvadikuppam, Lawspet,

Puducherry.

. .

Counter Petitioners

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

Lawspet Police Station, Puducherry praying to pass orders under section 144 of

Cr.P.C., against Thiru Jegan @ Jegadish, Thiru Janarthanan and Thiru Sowndaraj

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 No. 1 is Thiru Jegan @ Jegadish (36), s/o. Kumar,

a resident of No. 125, Edayanchavady Road, Karuvadikuppam, Lawspet, Puducherry,

the Counter Petitioner No. 2 is Thiru Janarthanan (26), s/o. Kumar, a resident of

No. 125, Edayanchavady Road, Karuvadikuppam, Lawspet, Puducherry and the

Counter Petitioner No. 3 is Thiru Sowndaraj (27), s/o. Govindasamy, a resident of

No. 70, Mettu Street, Karuvadikuppam, Lawspet, Puducherry.

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

was referred by the Inspector of Police, Lawspet Police Station, Puducherry, with

the recommendation of the Superintendent of Police (North), Puducherry vide

I.R.No. 79/2022 under section 144 of Cr.P.C., dated 19-09-2022. Therein, it has been

stated that the Counter Petitioners have formed a gang of rowdies and bent upon

indulging in crimes such as murder, rioting, explosive cases, violence, intimidation,

assault, disturbance to the public tranquility and order. The Counter Petitioners

have created panic in the minds of local inhabitants and the business people in

the Lawspet Police Station limits. As a result, the people of the locality being afraid

of the people of Counter Petitioners do not come forward to lodge any complaint

against them. It is also stated that even witnesses don’t come forward voluntarily

to give evidence against them in the cases where they were the accused.

4. The Petitioner further submitted that the Counter Petitioner No. 1. Thiru

Jegan @ Jegadish (36), s/o. Kumar, had already been involved in the following

criminal cases.

1. Cr.No. 27/2017 under sections 148, 341, 294 (b), 323, 364 (A), 347, 386

r/w 149 IPC of Muthialpet Police Station, Puducherry.

2. Cr.No. 62/2022 under sections 147, 148, 302 r/w 149 IPC of

Ariyankuppam Police Station, Puducherry.

5. The Counter Petitioner No. 2. viz., Thiru Janarthanan (26), s/o. Kumar

had already been involved in the following Criminal cases.

1. Cr.No. 167/2011 under sections 294, 323, 506(ii) IPC of Lawspet Police

Station, Puducherry.

2. Cr.No. 180/11 under sections 341, 294, 323, 506(ii) IPC r/w 34 IPC of

Lawspet Police Station, Puducherry.

PART-I ]

LA GAZETTE DE L’ETAT

139

3. Cr.No. 181/2011 under sections 150, 402, 399 IPC & 25 (1-AAA) of Arms

Act, 1959 and 5 of Explosive Substances Act, 1908 of Lawspet Police

Station, Puducherry.

4. Cr.No. 27/2017 under sections 148, 341, 294(b), 323, 364(A), 347, 386

IPC r/w 149 IPC of Muthialpet Police Station, Puducherry.

5. Cr.No. 62/2022 under sections 147, 148, 302 r/w 149 IPC of

Ariyankuppam Police Station, Puducherry.

6. The Petitioner further submitted that the Counter Petitioner No. 3.

Sowndaraj (27), s/o. Govindasamy, had already been involved in the following

criminal cases.

1. Cr.No. 116/2015 under sections 147, 148, 449, 302 IPC r/w 149 IPC of

Lawspet Police Station, Puducherry.

2. Cr.No. 62/2022 under sections 147, 148, 302 r/w 149 IPC of

Ariyankuppam Police Station, Puducherry.

7. It is also stated in the I.R that the Station House Officer, Puducherry,

have received reliable information that the Counter Petitioners are indulge in

unlawful activities in the Lawspet Police Station limits and extort money by

threatening. Further, stated that the Counter Petitioners are also acting as a

professional murderer. It is further stated in the I.R. that the Counter Petitioners

are young and very active notorious rowdy elements and have become a threat

and menace to the innocent people and therefore, their criminal activities cannot

be prevented by invoking the mere security proceedings under the Cr.P.C.

8. The Petitioner further submitted that if, the Counter Petitioners are

allowed to reside in Puducherry limits, it is apprehended that they would continue

to indulge in serious offences like assault, violence, intimidation, etc., and thereby

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

and order. Hence, the Station House Officer, Lawspet Police Station, Puducherry,

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

Petitioners 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.

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

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

served to both the parties on 27-12-2022 to appear for the hearing on 05-01-2023

and subsequent hearings on 19-01-2023, 20-02-2023 and 22-02-2023. It was

instructed to serve the notice to the Counter Petitioners through the Station House

Officer, Lawspet Police Station, Puducherry. The notice for the Counter Petitioners

No. 1 and 2 was received by his father, Thiru P. Kumar. The notice for the Counter

Petitioner No. 3 was served by affixing it at his house due to absence of the Counter

Petitioner No. 3 at his house in presence of witnesses. The Service was held

sufficient for the Counter Petitioners.

10. On 22-02-2023, the Petitioner was present. The Counter Petitioners have

failed to appear before the Court on hearing date.

11. 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 Jegan @ Jegadish, Thiru Janarthanan and Thiru Sowndaraj

are in such a manner that they may cause breach of peace and create a problem of

law and order, and public tranquility. They had involved in crimes such as murder,

assault, unlawful activities and disturbance to the public peace and order.

140

LA GAZETTE DE L’ETAT

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140

12. 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 Petitioners are allowed to reside within the limits of my jurisdiction,

the Counter Petitioner swill continue to indulge in and also motivate serious

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

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

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

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

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

take action against the Counter Petitioners to prevent harm to life and properties

of citizens and uphold public peace and order;

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

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

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

Petitioner No. l is Thiru Jegan @ Jegadish (36), s/o. Kumar, a resident of No. 125,

Edayanchavady Road, Karuvadikuppam, Lawspet, Puducherry, the Counter

Petitioner No. 2 is Janarthanan (26), s/o. Kumar, a resident of No. 125,

Edayanchavady Road, Karuvadikuppam, Lawspet, Puducherry and the Counter

Petitioner No. 3 is Sowndaraj (27), s/o. Govindasamy, a resident of No. 70, Mettu

Street, Karuvadikuppam, Lawspet, 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 Petitioners may represent against this order

before the undersigned by post or by Counsel.

At Puducherry, dated on this 22nd day of February, 2023 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. 222/2022 of I.R. No. 80/2022 Under Section 144 of Cr.P.C./757

ORDER

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

State Represented by the Inspector of Police,

Lawspet Police Station,

Puducherry.

. .

Petitioner

Vs.

Thiru Chandru @ Tamizhselvan (23),

S/o. Sagadevan,

No. 01, Pillaiyar Koil Street,

Karuvadikuppam, Lawspet,

Puducherry.

. .

Counter Petitioner

PART-I ]

LA GAZETTE DE L’ETAT

141

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

Lawspet Police Station, Puducherry, praying to pass orders under section 144 of

Cr.P.C., against Thiru Chandru @ Tamizhselvan (23), to prevent imminent danger to

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

the jurisdiction of this Court.

2. Counter Petitioner is Thiru Chandru @ Tamizhselvan (23), s/o. Sagadevan,

a resident of No. 01, Pillaiyar Koil Street, Karuvadikuppam, Lawspet, Puducherry.

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

referred by the Inspector of Police, Lawspet Police Station, Puducherry, with the

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

80/2022 under section 144 of Cr.P.C., dated 21-09-2022. Therein, it has been stated

that the Counter Petitioner have formed a gang of rowdies and bent upon indulging

in crime such as murder, intimidation, assault, rioting, explosive cases and

disturbance to the public tranquility and order. The Counter Petitioner has created

panic in the minds of local inhabitants and the business people in the Lawspet

Police Station limits. 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. 88/2019 under sections 120(b), 148, 341, 324, 326, 307, 109 IPC r/w 149

IPC, 3 and 4 of Explosive Substances Act, 1908 of Muthialpet Police

Station, Puducherry.

2. 62/2022 under sections 147, 148, 302 r/w 149 IPC of Ariyankuppam Police

Station, Puducherry.

4. It is also stated in the I.R that the Station House Officer have received

reliable information that the Counter Petitioner is indulge in unlawful activities in

the Lawspet Police Station, limits and extort money by threatening. Further stated

that the Counter Petitioner belongs to one Jegan gang and they were joined with

their associates had committed murdered one Thiru Sarathkumar @ Sarath @

Podimas (28), s/o. Shankar of No. 39, Mariamman Koil Street, Karuvadikuppam,

Puducherry. And he is also acting as a professional murderer. It is further stated in

the I.R that the Counter Petitioner is young and very active notorious rowdy

elements and have become a threat and menace to the innocent people and therefore

his criminal activities cannot be prevented by invoking the mere security

proceedings under the Cr.P.C.

5. The Petitioner further submitted that if, Counter Petitioner is allowed to

reside in Lawspet limits, it is apprehended that he would continue to indulge in

serious offences like assault, intimidation, etc., and thereby emerged as a perennial

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

Station House Officer, Lawspet 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.

142

LA GAZETTE DE L’ETAT

[ PART-I

142

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 27-12-2022 to appear for the hearing on 05-01-2023

and subsequent hearings on 19-01-2023, 20-02-2023 and 22-02-2023. It was

instructed to serve the notice to the Counter Petitioner through the Station House

Officer, Lawspet Police Station, Puducherry. The notice for the Counter Petitioner

was received by his mother, Tmt. S. Jayasudha. The service was held sufficient for

the Counter Petitioner.

7. On 22-02-2023, the Inspector of Police, Lawspet 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 Chandru @ Tamizhselvan, 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 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, obstructions, annoyance, damages to public and private

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

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

by taking recourse to usual procedures contemplated by law and hence, it is

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

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

citizens and uphold public peace and order.

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

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

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

Petitioner Thiru Chandru @ Tamizhselvan (23), s/o. Sagadevan, a resident of No.

01, Pillaiyar Koil Street, Karuvadikuppam, Lawspet, 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, you may represent against this order before the

undersigned by post or by Counsel.

At Puducherry, dated on this 22nd day of February, 2023 pronounced in

the open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

PART-I ]

LA GAZETTE DE L’ETAT

143

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 23/2023 of I.R. No. 09/2023 Under Section 144 of Cr.P.C./756

ORDER

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

State Represented by the Station House Officer,

Thavalakuppam Police Station,

Puducherry.

. .

Petitioner

Vs.

Thiru Rajasegar (28),

S/o. Nagamuthu @ Meesai,

No. 45, Throwpathiamman Koil Street,

Pooranankuppam,

Thavalakuppam,

Puducherry.

. .

Counter Petitioner

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

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

144 of Cr.P.C., against Thiru Rajasegar (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 Rajasegar (28), s/o. Nagamuthu @ Meesai,

a resident of No. 45, Throwpathiamman Koil Street, Pooranankuppam,

Thavalakuppam, Puducherry.

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

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

with the recommendation of the Superintendent of Police (South), Puducherry vide

I.R.No. 09/2023 under section 144 of Cr.P.C., dated 14-02-2023. Therein, it has been

stated that the Counter Petitioner have formed a gang of rowdies and bent upon

indulging in crime such as murder, hurt, explosive case, dacoity by using deadly

weapons. It is also stated that the Counter Petitioner have 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. 37/2013 under sections 509(B), 323, 506(i) IPC r/w 34 IPC @ 354

A(1)(i), 354 D(2), 323, 506(i) IPC r/w 34 IPC, dated 08-05-2013 of

Thavalakuppam Police Station, Puducherry.

2. Cr.No. 71/2013 under sections 294(b), 323, 506(ii) IPC r/w 34 IPC, dated

02-08-2013 of Thavalakuppam Police Station, Puducherry.

144

LA GAZETTE DE L’ETAT

[ PART-I

144

3. Cr.No. 229/2013 under sections 147, 148, 341, 302 IPC r/w 149 IPC, dated

l9-11-2013 of Reddichavady Police Station, Tamil Nadu.

4. Cr.No. 86 under sections 147,148, 341, 342, 302 IPC r/w 149 IPC and 3

of Explosive Substances Act, 1908, dated 21-11-2014 of

Thavalakuppam Police Station, Puducherry.

5. Cr.No. 02/2021 under sections 143, 148, 307, 323, 324 IPC r/w 149 IPC

of Thavalakuppam Police Station, Puducherry.

6. I.R.No. 84/2014 under section 144 of Cr.P.C., dated 08-10-2014

7. I.R.No. 24/2015 under section 144 of Cr.P.C., dated 12-08-2015

8. I.R.No. 04/2016 under section 144 of Cr.P.C., dated 15-03-2016

9. I.R.No. 08/2017 under section 144 of Cr.P.C., dated 11-05-2017

10. I.R.No. 07/2019 under section 144 of Cr.P.C., dated 12-03-2019

11. I.R.No. 14/2018 under section 144 of Cr.PC., dated 18-05-2018

12. I.R.No. 09/2019 under section 144 of Cr.P.C., dated 26-11-2019

13. I.R.No. 64/2020 under section 144 of Cr.P.C., dated 10-11-2020

14. I.R.No. 10/2022 under section 144 of Cr.P.C., dated 11-06-2022

4. The Petitioner further stated that the Counter Petitioner is not a law

abiding citizen and he is a young and very active notorious rowdy element. 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 Court while he was

released on bail. It is also stated in the I.R that the Station House Officer have

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. It is also stated that he is hatching

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

from them by threatening. The Petitioner further 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.

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

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

indulge in serious offences like murder, attempt to murder, 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, Thavalakuppam 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 22-02-2023 to appear for the hearing on 02-03-2023.

PART-I ]

LA GAZETTE DE L’ETAT

145

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

House Officer, Thavalakuppam Police Station, Puducherry. The notice was received

by the Counter Petitioner.

7. On 02-03-2023, the Petitioner Thiru G. Thirumurugan, Sub-Inspector,

Thavalakuppam Police Station, Puducherry, was present. The Counter Petitioner

has failed to appear before the Court on hearing date. The Ld. Counsel,

Thiru D. Pushparaj, was present and represented on behalf of the Counter Petitioner.

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

records 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 attempt to murder, murder, assault, unlawful activities

and disturbance to the public peace and order. There are 14 criminal cases were

registered against him in various Police Stations. I have also heard the oral

submission of the Counsel for the Counter Petitioner. The Ld. Counsel for Counter

Petitioner has stated that the Petitioner has filed this false case with an ulterior

motive.

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

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

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

and also motivate serious offences like murder, assault, damages to 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 the section

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

Petitioner Thiru Rajasegar (28), s/o. Nagamuthu @ Meesai, a resident of No. 45,

Throwpathiamman Koil Street, Pooranankuppam,Thavalakuppam, 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 02nd day of March, 2023 pronounced in the

open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

146

LA GAZETTE DE L’ETAT

[ PART-I

146

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 25/2023 of I.R. No. 11/2023 Under Section 144 of Cr.P.C./755

ORDER

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

State Represented by the Station House Officer,

Thavalakuppam Police Station,

Puducherry.

. .

Petitioner

Vs.

Thiru Arunachalam @ Arun (24),

S/o. Arumugam,

No. 42, Throwpathiamman Koil Street,

Pooranankuppam,

Thavalakuppam,

Puducherry.

. .

Counter Petitioner

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

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

144 of Cr.P.C., against Thiru Arunachalam @ Arun, 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 Arunachalam @ Arun (24), s/o. Arumugam,

a resident of No. 42, Throwpathiamman Koil Street, Pooranankuppam,

Thavalakuppam, Puducherry.

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

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

with the recommendation of the Superintendent of Police (South), Puducherry vide

I.R.No. 11/2023 under section 144 of Cr.P.C., dated 16-02-2023. Therein, it has been

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

indulging in crime such as attempt to murder, hurt by using deadly weapons. 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. 347/2020 under sections 294(b), 323, 506(i) IPC r/w 34 IPC, dated

03-11-2020 of Thavalakuppam Police Station, Puducherry.

2. Cr.No. 02/2021 under sections 143, 148, 307, 323, 324 IPC r/w 149 IPC

@ 120 (B), 148, 302 IPC r/w 149 IPC of Thavalakuppam Police Station,

Puducherry.

PART-I ]

LA GAZETTE DE L’ETAT

147

3. IR.No. 79/2021 under section 144 of Cr.P.C., dated 11-06-2021.

4. IR.No. 13/2022 under section 144 of Cr.P.C., dated 14-06-2022.

4. The Petitioner further stated that the Counter Petitioner is not a law

abiding citizen and he is a young and very active notorious rowdy element. 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 Court while he was

released on bail. 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. It is also stated that he is hatching

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

from them by threatening. The Petitioner further 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.

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

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

indulge in serious offences like murder, attempt to murder, 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, Thavalakuppam 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 22-02-2023 to appear for the hearing on 02-03-2023. It

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

House Officer, Thavalakuppam Police Station, Puducherry. The notice was received

by the Counter Petitioner.

7. On 02-03-2023, the Petitioner Thiru G. Thirumurugan, Sub-Inspector,

Thavalakuppam 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 attempt to murder, assault, unlawful activities and

disturbance to the public peace and order. There are 4 criminal cases were registered

against him in Thavalakuppam Police Station, Puducherry.

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,

Counter Petitioner will continue to indulge in and also motivate serious offences

like murder, assault, damages to properties, obstructions, annoyance, etc., and

thereby become a perennial source of threat to the community and disturb public

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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 the section

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

Petitioner Thiru Arunachalam @ Arun (24), s/o. Arumugam, a resident of No. 42,

Throwpathiamman Koil Street, Pooranankuppam, Thavalakuppam, 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 02nd day of March, 2023 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. 26/2023 of I.R. No. 01/2023 Under Section 144 of Cr.P.C./750

ORDER

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

State Represented by the Station House Officer,

Ariyankuppam Police Station,

Puducherry.

. .

Petitioner

Vs.

Thiru Vignesh @ Sethu,

S/o. Azhaguvel,

No. 21, Theerthakulam Street,

Manjalai,

Ariyankuppam,

Puducherry.

. .

Counter Petitioner

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

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

144 of Cr.P.C., against Thiru Vignesh @ Sethu, to prevent imminent danger to human

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

jurisdiction of this Court.

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149

2. The Counter Petitioner is Thiru Vignesh @ Sethu, s/o. Azhaguvel, a

resident of No. 21, Theerthakulam Street, Manjalai, 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. 01/2023

under section 144 of Cr.P.C., dated 09-02-2023. Therein, it has been stated that the

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

such as murder, hurt, rioting cases by using lethal weapons along with his hooligan.

It is also stated that he is leading a lavish life with the money earned through

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

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. 141/2014 under sections 341, 323, 324, 506 (ii) IPC r/w 34 IPC,

dated 17-08-2014 of Ariyankuppam Police Station, Puducherry.

2. Cr.No. 62/2017 under section 399 IPC of Thukkanampakkam Police

Station, Puducherry, dated 12-05-2017.

3. Cr.No. 146/2018 under sections 143, 148, 294(b), 324, 506(ii), 109 IPC,

r/w 149, IPC @ 143,148, 294(b), 326, 506(ii), 109 IPC r/w 149 IPC of

Ariyankuppam Police Station, Puducherry, dated 07-10-2018.

4. Cr.No. 65/2019 under sections 294 (b), 323, 324, 326, 506(ii) IPC r/w 34

IPC, dated 20-05-2019 of Ariyankuppam Police Station, Puducherry.

5. Cr.No. 138/2019 under sections 147, 148, 302 IPC and 3 of Explosive

Substances Act, 1908 r/w 149 IPC & 120(b), 147, 148, 302 IPC and 3, 4

of Explosive Substances Act, 1908 r/w 149 IPC, dated 06-11-2019 of

Ariyankuppam Police Station, Puducherry, dated 06-11-20l8.

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.

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 is 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 has 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 he 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

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LA GAZETTE DE L’ETAT

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150

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 22-02-2023 to appear for the hearing on 01-03-2023 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. B. Arularasi. The service

was held sufficient for the Counter Petitioner.

8. On 01-03-2023, 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 Vignesh @ Sethu, 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 various Police Stations.

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

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

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

serious offences like murder, extortion, 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;

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

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

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

Petitioner Thiru Vignesh @ Sethu, s/o. Azhaguvel, a resident of No. 21,

Theerthakulam Street, Manjalai, 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 01st day of March, 2023 pronounced in the

open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

PART-I ]

LA GAZETTE DE L’ETAT

151

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 28/2023 of I.R. No. 06/2023 Under Section 144 of Cr.P.C./749

ORDER

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

State Represented by the Station House Officer,

Ariyankuppam Police Station,

Puducherry.

. .

Petitioner

Vs.

Thiru Loganathan @ Ajith (22),

S/o. Arumugam,

No. 01, Old Pooranankuppam Street,

Pudukulam,

Ariyankuppam,

Puducherry.

. .

Counter Petitioner

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 Loganathan @ Ajith (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 Thiru Loganathan @ Ajith (22), s/o. Arumugam,

a resident of No. 01, Old Pooranankuppam Street, Pudukulam, 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 Police (South), Puducherry vide I.R.No. 06/2023 under

section 144 of Cr.P.C., dated 11-02-2023. Therein, it has been stated that the Counter

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

murder, selling ganja, hurt, robbery by using lethal weapons. 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 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. l46/2017 under sections 341, 364, 392, 111, 302 IPC r/w 149 IPC

and sec 5 (1) (a) and (d) Immoral Traffic Act, 1986, dated 28-09-2017 of

Ariyankuppam Police Station, Puducherry – Pending Trial.

2. Cr.No. l63/2018 under sections 341, 294(b), 324, 506 (ii) IPC r/w 34 IPC,

dated 05-11-2018 of Ariyankuppam Police Station, Puducherry –

Pending Trial.

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152

3. Cr.No. 07/2019 under sections 294 (b), 324, 506 (ii) IPC, dated 21-01-2019

of Ariyankuppam Police Station, Puducherry – Pending Trial.

4. Cr.No. 38/2019 under sections 294 (b), 506 (ii) IPC r/w 34 IPC, 27 (i)

Arms Act, dated 27-03-2019 of Ariyankuppam Police Station,

Puducherry – Pending Trial.

5. Cr.No. 406/2020 under sections 294 (b), 506 (ii) IPC r/w 34 IPC, dated

02-11-2020 of Ariyankuppam Police Station, Puducherry – Pending

Trial.

6. Cr.No. 89/2019 under sections 8(c) r/w 20 (b), (ii) (A), 27 (A), 29 NDPS

Act of Orleanpet 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. It is also stated

that he has involved in various offences by using aruval, knife to attack the victims.