[ 183 ]

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

Registered with the Registrar

of Newspapers for India

under No. 10410

Registered No. PY/44/2021-23

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No.

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Vendredi

Avril

2023 (8 Vaisakha 1945)

No.

Puducherry

Friday

28th

April

2023

184

LA GAZETTE DE L’ETAT

[ PART-I

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. The Counter Petitioner is Thiru Ganesh @ Kannukutti Ganesh

@ 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

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. 01/2023 under section 144 of Cr.P.C., dated 04-01-2023. Therein, it has been

stated that the Counter Petitioner have indulging in crimes such as murder,

extortion, intimidation 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. 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.

186

LA GAZETTE DE L’ETAT

[ PART-I

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.

188