[ 241 ]
IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 41/2023 of I.R. No. 15/2023 Under Section 144 of Cr.P.C./1273
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Thavalakuppam Police Station,
Puducherry.
. .
Petitioner
Vs.
Thiru Aali @ Uthayapraksh @ Sakthivel (23),
S/o. Murugaiyan,
N.R. Nagar,
Edaiyarpalayam,
Puducherry.
. .
Counter Petitioner
Registered with the Registrar
of Newspapers for India
under No. 10410
Registered No. PY/44/2021-23
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18 {
No.
56
Poudouchéry
Jeudi
18
Mai
2023 (28 Vaisakha 1945)
No.
Puducherry
Thursday
18th
May
2023
242
LA GAZETTE DE L’ETAT
[ PART-I
242
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 Aali @ Uthayapraksh @ Sakthivel (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. The Counter Petitioner is Thiru Aali @ Uthayapraksh @ Sakthivel (23),
son of Murugaiyan, a resident of N.R. Nagar, Edaiyarpalayam, 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. 15/2023 under section 144 of Cr.P.C., dated 02-03-2023. Therein, it has been
stated that the Counter Petitioner has formed a gang of rowdies and bent upon
indulging in crime such as rioting/snatching, explosive case by using lethal
weapons along with his hooligans. 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 case was registered against the
Counter Petitioner.
1. Cr.No. 92/2022 under sections 294(b), 323, 356, 379 IPC r/w 149 IPC,
dated 05-10-2022 of Thavalakuppam Police Station, Puducherry.
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 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 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 31-03-2023 to appear for the hearing on 02-05-2023. 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.
PART-I ]
LA GAZETTE DE L’ETAT
243
7. On 02-05-2023, the Petitioner Thiru G. Thirumurugan, Sub-Inspector,
Thavalakuppam Police Station, Puducherry and the Counter Petitioner were present.
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 assault, unlawful activities and disturbance to the public
peace and order. There is one criminal case was registered against him in
Thavalakuppam Police Station, Puducherry. I have also heard the oral submissions
of the Counter Petitioner. The 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
in Puducherry urban limits, the Counter Petitioner will continue to indulge in and
also motivate serious offences like murder, attempt to 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 section 144(1)
of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitioner Thiru Aali @ Uthayapraksh @ Sakthivel (23), son of Murugaiyan,
a resident of N.R. Nagar, Edaiyarpalayam, 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 May, 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. 42/2023 of I.R. No. 16/2023 Under Section 144 of Cr.P.C./1274
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Thavalakuppam Police Station,
Puducherry.
. .
Petitioner
244
LA GAZETTE DE L’ETAT
[ PART-I
244
Vs.
Thiru Jakku @ Jagadeeswaran (19),
S/o. Murugaiyan,
6th Cross,
N.R. Nagar,
Edaiyarpalayam,
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 the Counter Petitioner 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 Jakku @ Jagadeeswaran (19), son of
Murugaiyan, a resident of 6th Cross, N.R. Nagar, Edaiyarpalayam, 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. 16/2023 under section 144 of Cr.P.C., dated 03-03-2023. Therein, it has been
stated that the Counter Petitioner has formed a gang of rowdies and bent upon
indulging in crime such as rioting/snatching, explosive case by using lethal
weapons along with his hooligans. 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 case was registered against the
Counter Petitioner.
1. Cr.No. 92/2022 under sections 294(b), 323, 356, 379 IPC r/w 149
IPC, dated 05-10-2022 of Thavalakuppam Police Station, Puducherry.
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.
PART-I ]
LA GAZETTE DE L’ETAT
245
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 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 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 31-03-2023 to appear for the hearing on 02-05-2023. 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 02-05-2023, the Petitioner Thiru G. Thirumurugan, Sub-Inspector,
Thavalakuppam Police Station, Puducherry and the Counter Petitioner were present.
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 assault, unlawful activities and disturbance to the public
peace and order. There is one criminal case was registered against him in
Thavalakuppam Police Station, Puducherry. I have also heard the oral submissions
of the Counter Petitioner. The 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
in Puducherry urban limits, the Counter Petitioner will continue to indulge in and
also motivate serious offences like murder, attempt to 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 section 144(1)
of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitioner Thiru Jakku @ Jagadeeswaran (19), son of Murugaiyan, a resident of
6th Cross, N.R. Nagar, Edaiyarpalayam, 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 May, 2023 pronounced in the
open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
246
LA GAZETTE DE L’ETAT
[ PART-I
246
IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 46/2023 of I.R. No. 17/2023 Under Section 144 of Cr.P.C./1275
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Ariyankuppam Police Station,
Puducherry.
. .
Petitioner
Vs.
Thiru Kathir @ Kathirvel (29),
S/o. Ganesan,
Bagavathsingh Street,
Subbaiah Nagar,
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 Kathir @ Kathirvel (29), 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 Kathir @ Kathirvel (29) S/o. Ganesan, a resident
of Bagavathsingh Street, Subbaiah Nagar, 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. 17/2023
under section 144 of Cr.P.C., dated 21-02-2023. Therein, it has been stated that the
Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime
such as murder, rioting, hurt 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. 148/2007 under section 34 BB of PP Act.
2. Cr.No. 01/2009 under sections 324, 323, 506 (ii) IPC r/w 34 IPC, dated
01-01-2009.
3. Cr.No. 211/2009 under sections 324, 506(ii) r/w 34 IPC, dated 24-09-2009.
4. Cr.No. 164/2014 under section 160 IPC, dated 29-09-2014.
5. Cr.No. 6/2015 under sections 147, 148, 452, 324, 302 IPC and section 3
of Explosive Substances Act, 1908 r/w 149 IPC, dated 17-01-2015.
6. Cr.No.149/2018 under sections 448, 294(b), 427, 324, 506(ii) IPC r/w 149
IPC, dated 14-10-2018.
PART-I ]
LA GAZETTE DE L’ETAT
247
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 country made bombs,
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, damages to public and private properties, extortion,
assault, obstructions, annoyance, etc., and thereby emerged as a perennial source
of threat to the community and disturb public peace and order. Hence, the Station
House Officer, Ariyankuppam Police Station, Puducherry, has prayed to invoke
provisions under section 144 of Cr.P.C., against the Counter Petitioner 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 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 31-03-2023 to appear for the hearing on 04-05-2023.
It was instructed to serve the notice to the Counter Petitioner through the Station
House Officer, Ariyankuppam Police Station, Puducherry.
8. On 04-05-2023, the Petitioner represented by Thiru Palanisamy,
Sub-Inspector, Ariyankuppam Police Station, Puducherry and the Counter Petitioner
were present.
9. I have heard both the sides 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 Kathir @ Kathirvel (29), 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, explosive substance Act case,
assault, unlawful activities and disturbance to the public peace and order. There
are 6 criminal cases were registered against him in the Police Station. I have also
heard the oral submissions of the Counter Petitioner. The Counter Petitioner has
stated that the Petitioner has filed this false case with an ulterior motive.
10. Upon hearing both sides and on perusal of the records submitted by
the Petitioner, I am of the opinion that if, the Counter Petitioner is allowed to reside
within the limits of my jurisdiction, the Counter Petitioner will continue to indulge
in and also motivate serious offences like murder, hurt, 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.
248
LA GAZETTE DE L’ETAT
[ PART-I
248
11. 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 Kathir @ Kathirvel (29), son of Ganesan, a resident of
Bagavathsingh Street, Subbaiah Nagar, 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 04th day of May, 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. 48/2023 of I.R. No. 19/2023 Under Section 144 of Cr.P.C./1276
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Ariyankuppam Police Station,
Puducherry.
. .
Petitioner
Vs.
Thiru Guna @ Gunaseelan (28),
S/o. Anbarasan,
No. 10, Pudhukulam Street,
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 Guna @ Gunaseelan (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 Guna @ Gunaseelan (28), son of
Anbarasan, a resident of No. 10, Pudhukulam Street, 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. 19/2023
under section 144 of Cr.P.C., dated 23-02-2023. Therein, it has been stated that the
Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime
such as rioting, hurt by using lethal weapons. The Counter Petitioner has created
PART-I ]
LA GAZETTE DE L’ETAT
249
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. 57/2013 under section 160 IPC, dated 05-05-2013 – Convicted.
2. Ir.No. 16/2013 under section 151 Cr.P.C. @ 107 Cr.P.C., dated 07-08-2013.
3. Cr.No. 136/2013 under sections 324, 506 (ii) IPC r/w 34 IPC, dated
02-10-2013 – Pending Trial.
4. Cr.No. 26/2017 under section 20(b) NDPS Act r/w 8(c) of NDPS Act of
1985 r/w 34 IPC, dated 02-03-2017 – 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 country made bombs,
aruval, knife and wooden log 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, damages to public and private properties, extortion,
assault, obstructions, annoyance, etc., and thereby emerged as a perennial source
of threat to the community and disturb public peace and order. Hence, the Station
House Officer, Ariyankuppam Police Station, Puducherry, has prayed to invoke
provisions under section 144 of Cr.P.C., against the Counter Petitioner 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 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 31-03-2023 to appear for the hearing on 04-05-2023
and 11-05-2023. 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 mother Tmt. A. Sagayarani.
The service was held sufficient for the Counter Petitioner.
8. On 11-05-2023, 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.
250
LA GAZETTE DE L’ETAT
[ PART-I
250
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 Guna @ Gunaseelan (28), 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 unlawful activities and disturbance to the public
peace and order. There are 4 criminal cases were registered against him in the Police
Station.
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, hurt, 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 section 144(1)
of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitioner Thiru Guna @ Gunaseelan (28), son of Anbarasan, a resident of No. 10,
Pudhukulam Street, 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 11th day of May, 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. 51/2023 of I.R. No. 34/2023 Under Section 144 of Cr.P.C./1272
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Ariyankuppam Police Station,
Puducherry.
. .
Petitioner
Vs.
PART-I ]
LA GAZETTE DE L’ETAT
251
Thiru Surendhar (20),
S/o. Iyyanar @ Gnanamoorthi,
No. 52, 2nd Cross Street,
Annai Indira Nagar,
Manjalai,
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 the Counter Petitioner 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 Surendhar (20), son of Iyyanar @
Gnanamoorthi, a resident of No. 52, 2nd Cross Street, Annai Indira Nagar, 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. 34/2023
under section 144 of Cr.P.C., dated 16-03-2023. Therein, it has been stated that the
Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime
such as murder, explosive case 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. 138/2019 under sections 147, 148, 302 and 3 Explosive Substances
Act, 1908 r/w 149 IPC of Ariyankuppam 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 country made bombs,
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, damages to public and private properties, extortion,
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
[ PART-I
252
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 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 31-03-2023 to appear for the hearing on 04-05-2023
and 11-05-2023. 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. G. Janani. The
service was held sufficient for the Counter Petitioner.
8. On 11-05-2023, 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 Surendhar (20), 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, unlawful activities and
disturbance to the public peace and order. There is one criminal case was registered
against him in Ariyankuppam Police Station, Puducherry.
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, hurt, 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 section
144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitioner Thiru Surendhar (20), son of Iyyanar @ Gnanamoorthi, a resident of
No. 52, 2nd Cross Street, Annai Indira Nagar, 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 11th day of May, 2023 pronounced in the
open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
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Published by the Director, Government Press, Puducherry.