[ 489 ]

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 53/2023 of I.R. No. 01/2023 Under Section 144 of Cr.P.C./1629

ORDER

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

State Represented by the Station House Officer,

Reddiyarpalayam Police Station,

Puducherry.

. .

Petitioner

Vs.

Thiru Manikandan @ Bomb Mani (34),

S/o. Velu,

No.26, 5th Cross Street,

JJ Nagar, Moolakulam,

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.

Poudouchéry

Lundi

Juin

2023 (22 Jyaistha 1945)

No.

Puducherry

Monday

12th

June

2023

490

LA GAZETTE DE L’ETAT

[ PART-I

490

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

Thiru D. Murugan, Sub-Inspector, Reddiyarpalayam Police Station, Puducherry,

praying to pass orders under section 144 of Cr.P.C., against Thiru Manikandan @

Bomb Mani (34), 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 Manikandan @ Bomb Mani (34), son of

Velu, a resident of No. 26, 5th Cross Street, JJ Nagar, Moolakulam, Puducherry.

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

submitted by the Station House Officer, Reddiyarpalayam 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 28-03-2023.

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

and bent upon indulging in crime such as attempt to murder, extortion, hurt,

intimidation, riot, dacoity, affray and disturbance to the public tranquillity and order.

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

business community in the city limit. 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. 151/2011 under sections 324, 506(ii) IPC r/w 34 IPC @ 147, 148,

324, 506(ii) IPC r/w 149 IPC of Reddiyarpalayam Police Station,

Puducherry, dated 15-08-2011.

2. Cr.No. 19/2012 under section 27 (2) of Arms Act & 506 (ii) IPC of

Reddiyarpalayam Police Station, Puducherry, dated 26-01-2012.

3. Cr.No. 152/17 under sections 294(b), 392 r/w 34 IPC, dated 27-11-2017

of Reddiyarpalayam Police Station, Puducherry.

4. Cr.No. 77/18 under sections 294(b), 324, 506(ii) r/w 34 IPC, dated

20-06-2018 of Reddiyarpalayam Police Station, Puducherry.

5. Cr.No. 111/2021 under sections 294(b), 323, 324, 506 (ii) IPC r/w 34 IPC,

dated 01-11-2021 of Reddiyarpalayam Police Station, Puducherry.

6. Cr.No. 28/2023 under sections 27 (i) of Arms Act 1959 & 506 (ii) IPC &

34 E (i) of PP Act, dated 17-02-2023 of Reddiyarpalayam Police Station,

Puducherry.

7. Cr.No. 117/2011 under sections 147, 148, 307 IPC r/w 149 IPC and 3 (a)

of Explosive Substances Act, 1908 of Muthialpet Police Station,

Puducherry.

8. Cr.No. 491/2011 under section 395 IPC of Grand Bazaar Police Station,

Puducherry.

9. Cr.No. 48/2013 under sections 341, 324, 506(ii) IPC r/w 34 IPC of

Mudaliarpet Police Station, Puducherry.

10. Cr.No. 105/13 under sections 307, 387 r/w 34 IPC of D’Nagar

Police Station, Puducherry.

PART-I ]

LA GAZETTE DE L’ETAT

491

11. Cr.No. 109/2014 under sections 294(b), 506(ii) IPC, dated 30-09-2014 of

Bahour Police Station, Puducherry.

12. Cr.No. 218/2012 under sections 387, 427 IPC r/w 34, dated 26-07-2012

& 3 of Explosive Substances Act, 1908 of Orleanpet Police Station,

Puducherry.

4. The Petitioner further, stated that the Counter Petitioner is a rowdy

element and become a source of terror among the public and he has involved in

various offences by using aruval, knife and other dangerous weapons to attack

the victims.

5. It is also stated in the I.R that the Station House Officer has received

reliable information that the Counter Petitioner are hatching plans to threaten the

business people in the Puducherry urban area and extort money from them by

threatening and 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 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, the Counter Petitioner is allowed

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

in serious offences like murder, attempt to murder, extortion, kidnapping, 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, Reddiyarpalayam 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 28-04-2023 to appear for the hearing on 16-05-2023 at

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

the Station House Officer, Reddiyarpalayam Police Station, Puducherry. The notice

was received by the Counter Petitioner.

8. On 16-05-2023, the Petitioner Thiru D. Murugan, Sub-Inspector,

Reddiyarpalayam 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 Manikandan @ Bomb Mani (34), 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, unlawful activities and

disturbance to the public peace and order. There are 12 criminal cases were

registered against him in various Police Stations.

10. 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

492

LA GAZETTE DE L’ETAT

[ PART-I

492

like murder, extortion, assault, damages to public and private properties,

obstructions, annoyance, etc., and thereby become a perennial source of threat to

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

handled effectively by taking recourse to usual procedures contemplated by law

and hence, it is necessary that special provision under section 144 of Cr.P.C., is

invoked to take action against the Counter Petitioner to prevent harm to life and

properties of citizens and uphold public peace and order.

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 Manikandan @ Bomb Mani (34), son of Velu, a resident of No. 26,

5th Cross Street, JJ Nagar, Moolakulam, 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 16th 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. 54/2023 of I.R. No. 02/2023 Under Section 144 of Cr.P.C./1625

ORDER

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

State Represented by the Station House Officer,

Reddiyarpalayam Police Station,

Puducherry.

. .

Petitioner

Vs.

Thiru Manibalan @ Mani (31),

S/o. Nagappan,

No. 80, 8th Cross,

JJ Nagar, Moolakulam,

Puducherry.

. .

Counter Petitioner

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

Thiru D. Murugan, Sub-Inspector, Reddiyarpalayam Police Station, Puducherry,

praying to pass orders under section 144 of Cr.P.C., against Thiru Manibalan @

Mani, to prevent imminent danger to human lives and properties and disturbance

to the public tranquility and order, in the jurisdiction of this Court.

PART-I ]

LA GAZETTE DE L’ETAT

493

2. The Counter Petitioner is Thiru Manibalan @ Mani (31), son of

Nagappan, a resident of No. 80, 8th Cross, JJ Nagar, Moolakulam, Puducherry.

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

submitted by the Station House Officer, Reddiyarpalayam 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 29-03-2023.

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

and bent upon indulging in crime such as murder, attempt to murder, hurt,

threatening and disturbance to the public tranquillity 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. 151/2011 under sections 147, 148, 324, 506(ii) IPC r/w 149 IPC,

dated 15-08-2011 of Reddiyarpalayam Police Station, Puducherry.

2. Cr.No. 295/2011 under section 25 (1-A) of Arms Act, dated 06-12-2011

of Reddiyarpalayam Police Station, Puducherry.

3. Cr.No. 05/2013 under sections 147, 148, 302 IPC r/w 149 IPC, dated

10-01-2013 of Reddiyarpalayam Police Station, Puducherry.

4. Cr.No. 69/2016 under sections 294 (b) 506(ii) r/w 34 IPC, dated

24-06-2016 of Reddiyarpalayam Police Station, Puducherry.

5. Cr.No. 258/2017 under sections 27(1) of Arms Act and 506(ii) IPC, dated

24-10-2017 of Orleanpet Police Station, Puducherry.

6. Cr.No. 94/2018 under sections 25 (1-A) of Arms Act, dated 21-09-2018

of Muthialpet Police Station, Puducherry.

7. Cr.No. 49/2019 under sections 147, 148, 341, 324, 307 r/w 149 IPC, dated

22-04-2019 of Ariyankuppam Police Station, Puducherry.

4. The Petitioner further, stated that the Counter Petitioner is 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 other dangerous

weapons to attack the victims.

5. It is also stated in the I.R that the Station House Officer has received

reliable information that the Counter Petitioner are hatching plans to threaten the

business people in the Puducherry urban area and extort money from them by

threatening and to meet expenses in connection with the trial in the pending criminal

cases against him.

6. 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, attempt to murder, assault, obstructions, annoyance,

etc., and thereby emerged as a perennial source of threat to the community and

494

LA GAZETTE DE L’ETAT

[ PART-I

494

disturb public peace and order. Hence, the Station House Officer, Reddiyarpalayam

Police Station 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 28-04-2023 to appear for the hearing on 16-05-2023 at

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

the Station House Officer, Reddiyarpalayam Police Station, Puducherry. The notice

was received by the Counter Petitioner.

8. On 16-05-2023, the Petitioner Thiru D. Murugan, Sub-Inspector,

Reddiyarpalayam Police Station, Puducherry and the Counter Petitioner were

present.

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

records placed before me. In the Police Information Report/Petition, it is stated that

the activities of Thiru Manibalan @ Mani, 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 7 criminal cases were registered against

him in various Police Stations. 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, assault, damages to public and

private properties, obstructions, annoyance, etc., and thereby become a perennial

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

situations cannot be handled effectively by taking recourse to usual procedures

contemplated by law and hence, it is necessary that special provision under section

144 of Cr.P.C., is invoked to take action against the Counter Petitioner to prevent

harm to life and properties of citizens and uphold public peace and order;

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 Manibalan @ Mani (31), son of Nagappan, a resident of No. 80,

8th Cross, JJ Nagar, Moolakulam, 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 16th day of May, 2023 pronounced in the

open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

PART-I ]

LA GAZETTE DE L’ETAT

495

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 55/2023 of I.R. No. 03/2023 Under Section 144 of Cr.P.C./1628

ORDER

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

State Represented by the Station House Officer,

Reddiyarpalayam Police Station,

Puducherry.

. .

Petitioner

Vs.

Thiru Jayam Soosai Raj @ Muttai Soosai Raj

@ Soosairaj (33)

S/o. Yacob,

No. 45, Kamban Nagar Main Road,

Reddiyarpalayam,

Puducherry.

. .

Counter Petitioner

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

Thiru D. Murugan, Sub-Inspector, Reddiyarpalayam Police Station, Puducherry,

praying to pass orders under section 144 of Cr.P.C., against Thiru Jayam Soosai

Raj @ Muttai Soosai Raj @ Soosairaj (33), 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 Jayam Soosai Raj @ Muttai Soosai Raj

@ Soosairaj (33), son of Yacoob, a resident of No. 45, Kamban Nagar Main Road,

Reddiyarpalayam, Puducherry.

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

submitted by the Station House Officer, Reddiyarpalayam 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 30-03-2023.

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

and bent upon indulging in crime such as murder, hurt, Arms Act, affray and

disturbance to the public tranquillity and order. The Counter Petitioner is leading

lavish life with money earned through extortion and he has created panic in the

minds of local inhabitants. 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. 222/2007 under sections 324, 323, 354 IPC r/w 34 IPC, dated

13-09-2007 of Reddiyarpalayam Police Station, Puducherry.

2. Cr.No. 156/2008 under sections 147, 148, 341, 307, 324, 323 IPC, dated

11-07-2008 of Reddiyarpalayam Police Station, Puducherry.

496

LA GAZETTE DE L’ETAT

[ PART-I

496

3. Cr.No. 290/2011 under section 25(1-A) of Arms Act, dated 03-12-2011

of Reddiyarpalayam Police Station, Puducherry.

4. Cr. No. 16/2012 under sections 147, 148, 341, 302 IPC r/w 149 IPC, dated

20-01-2012 of Reddiyarpalayam Police Station, Puducherry.

5. Cr.No. 181/2012 under section 27 of Arms Act & 506(ii) IPC, dated

04-09-2012 of Reddiyarpalayam Police Station, Puducherry.

6. Cr.No. 226/2012 under section 25 (1-A) of Arms Act, dated 01-12-2012

of Reddiyarpalayam Police Station, Puducherry.

7. Cr.No. 91/2013 under sections 399, 402 IPC, dated 11-07-2013 of

Reddiyarpalayam Police Station, Puducherry.

8. Cr.No. 90/2013 under sections 147, 450, 449, 342, 332, 506(2) r/w 149

IPC and 27 of Arms Act of Yanam Police Station, Yanam.

9. Cr.No. 96/2014 under sections 302 IPC r/w 34 IPC @ 148, 302, 120-B,

109 IPC r/w 149 IPC, dated 13-08-2014 of Mettupalayam Police Station,

Puducherry.

10. Cr.No. 68/2016 under sections 294(b), 323, 506(ii) IPC r/w 34 IPC of

Reddiyarpalayam Police Station, Puducherry.

11. Cr.No. l67/2016 under sections 294(b), 323, 506(ii) IPC r/w 34 IPC, dated

31-12-2016 of Reddiyarpalayam Police Station, Puducherry.

12. Cr. No. 146/2017 under section 25(1) Arms Act, dated 12-11-2017 of

Reddiyarpalayam Police Station, Puducherry.

13. Cr.No. l25/2020 under sections 294(b), 324, 506(ii) r/w 34 IPC, dated

22-06-2020 of Reddiyarpalayam Police Station, Puducherry.

14. Cr.No. 93/2022 under sections 294(b) IPC, 34 B IX of PP Act and 506(ii)

IPC and 25 (i-B), (b) of Arms Act 1959, dated 21-07-2022 of

Reddiyarpalayam Police Station, Puducherry.

15. Cr.No. 33/2023 under section 27 (i) of Arms Act 1959, dated 26-02-2023

of Reddiyarpalayam Police Station, Puducherry.

4. The Petitioner further, stated that the Counter Petitioner is 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 other dangerous

weapons to attack the victims.

5. It is also stated in the I.R that the Station House Officer has received

reliable information that the Counter Petitioner are hatching plans to threaten the

business people in the Puducherry urban area and extort money from them by

threatening and to meet expenses in connection with the trial in the pending criminal

cases against him.

6. 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, 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, Reddiyarpalayam Police Station,

PART-I ]

LA GAZETTE DE L’ETAT

497

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 28-04-2023 to appear for the hearing on 16-05-2023 at

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

the Station House Officer, Reddiyarpalayam Police Station, Puducherry. The notice

was received by the Counter Petitioner.

8. On 16.05.2023, the Petitioner Thiru. D. Murugan, Sub-Inspector,

Reddiyarpalayam 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 Soosairaj @ Jayam Soosai Raj @ Motta Raj, 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 15 criminal cases

were registered against him in various Police Stations.

10. 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, damages to public and private properties, obstructions,

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

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

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

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

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

citizens and uphold public peace and order;

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 Soosairaj @ Jayam Soosai Raj @ Motta Raj (33), son of Yacoob, a

resident of No. 45, Kamban Nagar Main Road, Reddiyarpalayam, 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 16th day of May, 2023 pronounced in the

open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

498

LA GAZETTE DE L’ETAT

[ PART-I

498

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 56/2023 of I.R. No. 04/2023 Under Section 144 of Cr.P.C./1622

ORDER

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

State Represented by the Station House Officer,

Reddiyarpalayam Police Station,

Puducherry.

. .

Petitioner

Vs.

Thiru Prakash @ Gundu Prakash (25),

S/o. Palanivel,

10th Cross,

JJ Nagar, Moolakulam,

Puducherry.

. .

Counter Petitioner

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

Thiru D. Murugan, Sub-Inspector, Reddiyarpalayam Police Station, Puducherry,

praying to pass orders under section 144 of Cr.P.C., against Thiru Prakash @ Gundu

Prakash, 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 Prakash @ Gundu Prakash, son of

Palanivel, a resident of 10th Cross, JJ Nagar, Moolakulam, Puducherry.

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

submitted by the Station House Officer, Reddiyarpalayam Police Station,

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

Puducherry vide I.R.No. 04/2023 under section 144 of Cr.P.C., dated 31-03-2023.

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

and bent upon indulging in crime such as murder, attempt to murder, hurt,

threatening and disturbance to the public tranquillity 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. 07/2011 under sections 323, 324, 506(ii) r/w 34 IPC, dated

12-01-2011 of Reddiyarpalayam Police Station, Puducherry.

2. Cr.No. 125/2011 under section 326 r/w 34 IPC @ 307 r/w 34 IPC, dated

25-06-2011 Reddiyarpalayam Police Station, Puducherry.

3. Cr.No. 16/2012 under sections 147, 148, 341, 302 IPC r/w 149 IPC, dated

20-01-2012 of Reddiyarpalayam Police Station, Puducherry.

PART-I ]

LA GAZETTE DE L’ETAT

499

4. Cr.No. 90/2013 under sections 147, 450, 449, 342, 332, 506(2) r/w 149

IPC and 27 of Arms Act of Yanam Police Station, Yanam.

4. The Petitioner further, stated that the Counter Petitioner is 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 other dangerous

weapons to attack the victims.

5. It is also stated in the I.R that the Station House Officer has received

reliable information that the Counter Petitioner are hatching plans to threaten the

business people in the Puducherry urban area and extort money from them by

threatening and to meet expenses in connection with the trial in the pending criminal

cases against him.

6. 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, attempt to murder, 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, Reddiyarpalayam

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 28-04-2023 to appear for the hearing on 16-05-2023 at

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

the Station House Officer, Reddiyarpalayam Police Station, Puducherry. The notice

was received by the Counter Petitioner.

8. On 16-05-2023, the Petitioner Thiru D. Murugan, Sub-Inspector,

Reddiyarpalayam Police Station, Puducherry and the Counter Petitioner were

present.

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

records placed before me. In the Police Information Report/Petition, it is stated that

the activities of Thiru Prakash @ Gundu Prakash, 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 4 criminal cases were registered

against him in various Police Stations. 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.