M.C. No. 10/2023 of I.R. No. 01/2023 Under Section 144 of Cr.P.C./1118.

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

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No. 49 Poudouchéry Vendredi 28 Avril 2023 (8 Vaisakha 1945)

No. Puducherry Friday 28th April 2023

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 10/2023 of I.R. No. 01/2023 Under Section 144 of Cr.P.C./1118

ORDER

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

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

. . Petitioner

Vs.

Thiru Ganesh @ Kannukutti Ganesh @ Anandh (46), S/o. Gurusamy, No. 77, Bajanaimadam Street, Muthirayarpalayam, Puducherry.

. . Counter Petitioner

[ 183 ]LA GAZETTE DE L'ETAT [ PART-I 184 184 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 Ganesh @ Kannukutti Ganesh @ Anandh to prevent imminent danger to human lives and properties and disturbance to the public tranquility and order, in the jurisdiction of this Court.

2 . T h e C o u n t e r P e t i t i o n e r i s T h i r u G a n e s h @ K a n n u k u t t i G a n e s h @ Anandh (46), son of Gurusamy, a resident of No. 77, Bajanaimadam Street, Muthirayarpalayam, Puducherry.

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

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. 84/2017 under sections 147, 148, 342, 302, 307 IPC r/w 149 IPC and 3 and 4 of Explosives Substances Act, 1908 @ 148, 109, 120-B, 144, 114, 342, 302, 307, 326, 324 IPC r/w 149 IPC and, 3 and 4 of Explosives Substances Act 1908, dated 19-10-2017 of Mettupalayam Police Station, Puducherry.

2. Cr.No. 96/2014 under sections 148, 302, 120(B), 109 IPC r/w 149 IPC, dated 13-08-2014 of Mettupalayam Police Station – Pending Trial.

3. Cr.No. 55/2014 under sections 324, 323, 506(ii)IPC r/w 34 IPC, dated 11-05-2014 of Mettupalayam Police Station, Puducherry – Compounded.

4. Cr.No. 27/2010 under section 25(1)(a) of Arms Act 1959, dated 18-02-2010 of Mettupalayam Police Station, Puducherry – Acquitted.

5. Cr.No. 95/2005 under sections 147, 148, 324, 302 r/w 149 IPC, dated 13-07-2005 of Mettupalayam Police Station, Puducherry – Acquitted.

6. Cr.No. 60/2004 under sections 341, 323, 506(1) r/w 34 IPC, dated 25-04-2004 – Convicted.

7. Cr.No. 79/2003 under sections 341, 325 r/w 34 IPC, dated 28-09-2003 – Acquitted.

8. Cr.No. 12/2003 under section 324, r/w 34 IPC, dated 17-01-2003 – Acquitted.

9. Cr.No. 52/2000 under sections 452, 324 r/w 34 IPC, dated 08-08-2000 – Convicted.

PART-I ] LA GAZETTE DE L'ETAT 185

4. The Petitioner submitted that the Counter Petitioner is a notorious rowdy element and become a source of terror among the public. It is further stated that the Counter Petitioner also 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 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 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 to not to enter into the jurisdiction of this Court for a period of two months as to prevent danger to the human life and properties 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 20-02-2023 to appear for the hearing on 23-02-2023 at 10.00 a.m. and subsequent hearings on 28-03-2023 and 13-04-2023 . 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. Lakshmi. The Service was held sufficient for the Counter Petitioner.

7. On 13.04.2023, the Petitioner Thiru G. Kalaiarasan, 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 in file placed by the Petitioner. In the Police Information Report/Petition, it is stated that the activities of Thiru Ganesh @ Kannukutti Ganesh @ Anandh, 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 9 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.

LA GAZETTE DE L'ETAT [ PART-I 186 186

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 Ganesh @ Kannukutti Ganesh @ Anandh (46), son of Gurusamy, a resident of No. 77, Bajanaimadam Street, 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 13th day of April, 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. 11/2023 of I.R. No. 02/2023 Under Section 144 of Cr.P.C./1120

ORDER

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

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

. . Petitioner

Vs.

Thiru Jeeva (22), S/o. Ezhumalai, No. 136, Odai Street, Gandhi Thirunallur, 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 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 Jeeva (22), son of Ezhumalai, a resident of No. 136, Odai Street, Gandhi Thirunallur, 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, Puducherry, with the recommendation of the Superintendent of Police (North), Puducherry vide I.R.No. 02/2023 under section 144 of Cr.P.C., dated 04-01-2023. Therein, it has been stated that the Counter Petitioner has indulging in crimes such as murder,PART-I ] LA GAZETTE DE L'ETAT 187 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 to not to enter into the jurisdiction of this Court for a period of two months as to prevent danger to the human life and properties 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 20-02-2023 to appear for the hearing on 23-02-2023 at 10.00 a.m. and subsequent hearings on 28-03-2023 and 13-04-2023. 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, Ms. Revathi. The service was held sufficient for the Counter Petitioner.

7. On 13-04-2023, the Petitioner Thiru G. Kalaiarasan, 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, Puducherry.

LA GAZETTE DE L'ETAT [ PART-I 188 188

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 (22), son of Ezhumalai, a resident of No. 136, Odai Street, Gandhi Thirunallur, 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 13th day of April, 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. 12/2023 of I.R. No. 03/2023 Under Section 144 of Cr.P.C./1119

ORDER

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

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

. . Petitioner

Vs.

Thiru Iyyappan (28), S/o. Sundaramoorthy, No.146, Gandhi Street, Gandhi Thirunalloor, Muthirayarpalayam, Puducherry.

. . Counter PetitionerPART-I ] LA GAZETTE DE L'ETAT 189 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 Iyyappan 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 Iyyappan (28), son of Sundaramoorthy, a resident of No. 146, Gandhi Street, Gandhi Thirunalloor, 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, Puducherry, with the recommendation of the Superintendent of Police (North), Puducherry vide I.R.No. 03/2023 under section 144 of Cr.P.C., dated 05-01-2023. Therein, it has been stated that the Counter Petitioner has indulging in crime such as 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.

l. Cr.No. 121/2017 under section 387 IPC r/w 34 IPC, dated 23-09-2017 of Reddiyarpalayam Police Station, Puducherry – Pending Trial.

2. Cr.No. 112/2018 under section 20 (b) NDPS Act r/w 8 (c) of NDPS Act 1985, dated 14-12-2018 of Mettupalayam Police Station, Puducherry.

3. 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.

4. 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, country made bomb and other lethal weapons to attack the victims and scorn 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 to not to enter into the jurisdiction of this Court for a period of two months as to prevent danger to the human life and properties of citizens and uphold public peace and order.

LA GAZETTE DE L'ETAT [ PART-I 190 190

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 20-02-2023 to appear for the hearing on 23-02-2023 at 10.00 a.m. and subsequent hearings on 28-03-2023 and 13-04-2023. 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 Sugumar. The service was held sufficient for the Counter Petitioner.

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 lyyappan, is in such a manner that they may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 4 criminal cases were registered against him in various Police Stations.

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 Iyyappan (28), son of Sundaramoorthy, a resident of No. 146, Gandhi Street, Gandhi Thirunalloor, 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, you may represent against this order before the undersigned by post or by Counsel.

At Puducherry, dated on this 13th day of April, 2023 pronounced in the open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

PART-I ] LA GAZETTE DE L'ETAT 191

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 14/2023 of I.R. No. 05/2023 Under Section 144 of Cr.P.C./1122

ORDER

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

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

. . Petitioner

Vs.

Thiru Nandhakumar @ Nandu (22), S/o. Rajinikanth, No. 02,1st Cross, Manicka Chettiar Nagar, Shanmugapuram, 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 Nandhakumar @ Nandu, 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 Nandhakumar @ Nandu (22), son of Rajinikanth, a resident of No. 02, 1st Cross, Manicka Chettiar Nagar, Shanmugapuram, 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. 05/2023 under section144 of Cr.P.C., dated 06-01-2023. Therein, it has been stated that the Counter Petitioner have indulging in crimes such as murder, intimidation, rioting and disturbance to the public tranquility and order. 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. 167/2020 under section 302 IPC r/w 34 IPC, dated 15-11-2020 of Mettupalayam Police Station, Puducherry – Pending Trial.

2. Cr.No. 04/2020 under section 25 (1-a) of Arms Act 1959, dated 13-01-2020 of Mettupalayam Police Station, Puducherry – Pending Trial.

3. Cr.No. 84/2017 under sections 147, 148, 342, 302, 307 IPC r/w 149 IPC and 3 and 4 of Explosives Substances Act 1908 @ 148, 109, 120-B, 144, 114, 342, 302, 307, 326, 324 IPC r/w 149 IPC and 3 and 4 of Explosives Substances Act 1908, dated 19-10-2017 of Mettupalayam Police Station, Puducherry – Pending Trial.

LA GAZETTE DE L'ETAT [ PART-I 192 192

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 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, Puducherry, has prayed to invoke provisions under section 144 of Cr.P.C., against the Counter Petitioner to not to enter into the jurisdiction of this Court for a period of two months as to prevent danger to the human life and properties 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 20-02-2023 to appear for the hearing on 23-02-2023 at 10.00 a.m. and subsequent hearings on 28-03-2023 and 13-04-2023. 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, Ms. R. Deepika. The Service was held sufficient for the Counter Petitioner.

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 Nandhakumar @ Nandu, 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.

PART-I ] LA GAZETTE DE L'ETAT 193

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 Nandhakumar @ Nandu (22), son of Rajinikanth, a resident of No. 02, 1st Cross, Manicka Chettiar Nagar, Shanmugapuram, 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 13th day of April, 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. 15/2023 of I.R. No. 06/2023 Under Section 144 of Cr.P.C./1121

ORDER

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

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

. . Petitioner

Vs.

Thiru Suriya @ Sankar Ganesh (21), S/o. Ravi, No. 04, New 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 Suriya @ Sankar Ganesh, 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 Suriya @ Sankar Ganesh (21), son of Ravi, a resident of No. 04, New 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. 06/2023 under section 144 of Cr.P.C., dated 06-01-2023. Therein, it has been stated that the Counter Petitioner have indulging in crime such as murder, dacoity,LA GAZETTE DE L'ETAT [ PART-I 194 194 hurt, riot, intimidation 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. 21/2019 under sections 399, 402 IPC, dated 05-03-2019 of Mettupalayam Police Station, Puducherry.

2. Cr.No. 111/2018 under sections 399, 402, IPC & 25 (l)(a) of Arms Act 1959, dated 05-12-2018 of Mettupalayam Police Station, Puducherry.

4. Cr.No. 77/2017 under sections 294(b), 324, 427, 506(ii) r/w 34 IPC @ 147, 148, 448, 294 (b), 324, 427, 506(ii) r/w 149 IPC, dated 29-03-2017 of D'Nagar 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. 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, 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 to not to enter into the jurisdiction of this Court for a period of two months as to prevent danger to the human life and properties 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 20-02-2023 to appear for the hearing on 23-02-2023 at 10.00 a.m. and subsequent hearings on 28-03-2023 and 13-04-2023. 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. Gandhimathi. The Service was held sufficient for the Counter Petitioner.

PART-I ] LA GAZETTE DE L'ETAT 195

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 Suriya @ Sankar Ganesh, is in such a manner that they may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 4 criminal cases were registered against him in various Police Stations.

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 Suriya @ Sankar Ganesh (21), son of Ravi, a resident of No. 04, New 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 13th day of April, 2023 pronounced in the open Court.

M. KANDASAMY, Subdivisional Magistrate (North).

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