M.C. No. 72/2023 of I.R. No. 43/2023 Under Section 144 of Cr.P.C./2545.

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. 108 Poudouchéry Jeudi 14 Septembre 2023 (23 Bhadra 1945)

No. Puducherry Thursday 14th September 2023

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 72/2023 of I.R. No. 43/2023 Under Section 144 of Cr.P.C./2545

ORDER

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

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

. . Petitioner

Vs.

Thiru Subash (25), S/o. Govinthasami,

No. 02, Bharathidasan Street, R.K. Nagar, Ariyankuppam, Puducherry.

. . Counter Petitioner

[ 787 ]LA GAZETTE DE L'ETAT [ PART-I 788 788 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 Subash (25), 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 Subash (25), S/o. Govinthasami, a resident of No. 02, Bharathidasan Street, R.K. 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. 43/2023 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 murder, hurt and explosive cases 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 IPC and 3 of Explosive Substances Act, r/w 149 IPC of Ariyankuppam Police Station, Puducherry.

2. IR. No. 06/2020 under section 151 @ 107 Cr.P.C. of Ariyankuppam Police Station, Puducherry.

3. Cr. No. 33/2022 under sections 294(b), 506 (ii) IPC & 34A(i) of PP Act, r/w 34 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 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, hurt explosive case, 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, hasPART-I ] LA GAZETTE DE L'ETAT 789 prayed to invoke provisions under section 144 of Cr.P.C., against the Counter Petitioner do not to enter into the jurisdiction of this Court, for a period of two months as to prevent danger to the human life and properties, and disturbance to the public tranquility and order.

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 12-07-2023 to appear for the hearing on 08-08-2023. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Ariyankuppam Police Station, Puducherry. The notice was received by the Counter Petitioner.

8. On 08-08-2023, 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 Subash (25), 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 3 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.

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 Subash (25), son of Govinthasami, a resident of No. 02, Bharathidasan Street, R.K. 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 08th day of August, 2023 pronounced in the open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

LA GAZETTE DE L'ETAT [ PART-I 790 790

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 73/2023 of I.R. No. 45/2023 Under Section 144 of Cr.P.C./2544

ORDER

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

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

. . Petitioner

Vs.

Thiru Daniel @ John Daniel (29), S/o. Dass, No. 02, Anthoniar Koil 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 Daniel @ John Daniel (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 Thiru Daniel @ John Daniel (29), S/o. Dass, a resident of No. 02, Anthoniar Koil 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. 45/2023 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 and explosive cases 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. 23/2022 under sections 294(b), 506(i) r/w 34 IPC of Ariyankuppam Police Station, Puducherry.

2. Cr.No. 138/2019 under sections 147, 148, 302 and 3 of Explosive Substances Act, 1908 r/w 149 IPC of Ariyankuppam Police Station, Puducherry.

3. Cr. No. 419/2020 under sections 188, 294(b), 506(ii), 34 B IX of PP Act of Ariyankuppam Police Station, Puducherry.

PART-I ] LA GAZETTE DE L'ETAT 791

4. I.R.No. 125/2021 under section 110 of Cr.P.C.

5. I.R.No. 21/2017 under section 151 @ 107 of Cr.P.C.

6. I.R.No. 25/2020 under section 144 of Cr.P.C.

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, hurt explosive case, 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.

It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Ariyankuppam Police Station, Puducherry. The notice was received by the Counter Petitioner.

8. On 08-08-2023, 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 Daniel @ John Daniel (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.

LA GAZETTE DE L'ETAT [ PART-I 792 792

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 Daniel @ John Daniel (29), son of Dass, a resident of No. 02, Anthoniar Koil 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 08th day of August, 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. 75/2023 of I.R. No. 56/2023 Under Section 144 of Cr.P.C./2547

ORDER

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

State Represented by the Station House Officer,

Ariyankuppam Police Station,

Puducherry.

. . Petitioner

Vs.

Thiru Sham @ Shamugam (22),

S/o. Saravanan,

No. 03, 1st Cross, PCP Nagar,

Ariyankuppam, Puducherry.

. . Counter PetitionerPART-I ] LA GAZETTE DE L'ETAT 793 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 Sham @ Shamugam (22), to prevent imminent danger to human lives and properties, and disturbance to the public tranquility and order, in the jurisdiction of this Court.

2. The Counter Petitioner is Thiru Sham @ Shamugam (22), S/o. Saravanan, a resident of No. 03, 1st Cross, PCP 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. 56/2023 under section 144 of Cr.P.C., dated 18-05-2023. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime such as dacoity, threatening cases, explosive cases 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. 157/2021 under section 4(b) of Explosive Substances Act, 1908 and 25(1-B)(b) of Arms Act, 1959 r/w 34 IPC.

2. Cr.No. 01/2020 under sections 399, 402 IPC of Ariyankuppam Police Station, Puducherry.

3. Cr. No. 155/2021 under sections 294(b), 324, 506(ii) IPC r/w 34 IPC of Ariyankuppam Police Station, Puducherry.

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, abstructions, annoyance, etc., and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the StationLA GAZETTE DE L'ETAT [ PART-I 794 794 House Officer, Ariyankuppam Police Station, Puducherry, has prayed to invoke provisions under section 144 of Cr.P.C., against the Counter Petitioner do not to enter into the jurisdiction of this Court, for a period of two months as to prevent danger to the human life and properties, and disturbance to the public tranquility and order.

8. On 08-08-2023, 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 Sham @ Shamugam (22), 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, dacoity, threatening cases and disturbance to the public peace and order. There are 3 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.

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 Sham @ Shamugam (22), son of Saravanan, a resident of No. 03, 1st Cross, PCP 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 08th day of August, 2023 pronounced in the open Court.

M. KANDASAMY, Subdivisional Magistrate (North).

PART-I ] LA GAZETTE DE L'ETAT 795

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 76/2023 of I.R. No. 57/2023 Under Section 144 of Cr.P.C./2546

ORDER

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

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

. . Petitioner

Vs.

Thiru Balaji @ Jeyabalaji @ Byepass Balaji (28), S/o. Ezumalai, No. 03, 2nd Cross, PCP 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 Balaji @ Jeyabalaji @ Byepass Balaji (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 Balaji @ Jeyabalaji @ Byepass Balaji (28), S/o. Ezumalai, a resident of No. 03, 2nd Cross, PCP 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. 57/2023 under section 144 of Cr.P.C., dated 19-05-2023. 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, threatening cases 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. 149/2015 under sections 294(b), 324, 506(ii) IPC r/w 34 IPC of Ariyankuppam Police Station, Puducherry.

2. Cr.No. 146/2017 under section 302 IPC @ under sections 341, 364, 392, 111, 302 IPC r/w 34 IPC and section 5(1)(a) and (d) immoral Traffic Act, 1956 of Ariyankuppam Police Station, Puducherry.

3. Cr. No. 167/2018 under sections 294(b), 506(ii) IPC r/w 34 IPC and 27 of Arms Act of Ariyankuppam Police Station, Puducherry.

LA GAZETTE DE L'ETAT [ PART-I 796 796

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.

8. On 08-08-2023, 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 Balaji @ Jeyabalaji @ Byepass Balaji (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 murder, unlawful activities and disturbance to the public peace and order. There are 3 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 becomePART-I ] LA GAZETTE DE L'ETAT 797 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 Balaji @ Jeyabalaji @ Byepass Balaji (28), son of Ezumalai, a resident of No. 03, 2nd Cross, PCP 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 08th day of August, 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. 78/2023 of I.R. No. 15/2023 Under Section 144 of Cr.P.C./2549

ORDER

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

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

. . Petitioner

Vs.

Thiru Ruthresh @ Ruthresh Mani (26), S/o. Mahesh, No. 102, 10th Cross, Periyar Nagar, Nellithope, Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by the Station House Officer, Orleanpet Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against Thiru Ruthresh @ Ruthresh Mani (26), 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 Ruthresh @ Ruthresh Mani (26), son of Mahesh, a resident of No. 102, 10th Cross, Periyar Nagar, Nellithope, Puducherry.

LA GAZETTE DE L'ETAT [ PART-I 798 798

3. The facts which led up to the petition are briefly as follows: The case submitted by the Station House Officer, Orleanpet Police Station, Puducherry, through the Superintendent of Police (East), Puducherry vide I.R.No. 15/2023 under section 144 of Cr.P.C., dated 19-05-2023. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and indulging in crimes such as attempt to murder, hurt, extortion, and disturbance to the public tranquility and order. 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. 104/2017 under sections 294(b), 323, 324, 506(ii) r/w 34 IPC, dated 23-04-2017 of Orleanpet Police Station, Puducherry – Pending Trial.

2. Cr.No. 02/2018 under sections 294 (b), 323, 324, 506(i) IPC, r/w 34 IPC, dated 03-01-2018 of Orleanpet Police Station, Puducherry – Pending Trial.

3. Cr.No. 136/2018 under sections 294(b), 323, 324, 506(ii) r/w 34 IPC, dated 02-07-2018 of Orleanpet Police Station, Puducherry – Pending Trial.

4. C.R.No. 51/2019 under section 25(i)(a) of Arms Act of Orleanpet Police Station, Puducherry – Pending Trial.

5. Cr.No. 307/2022 under sections 399, 402 IPC, dated 26-01-2022 of Orleanpet Police Station, Puducherry – Pending Trial.

6. Cr.No. 100/2023 under section 34 B IX of PP Act of Orleanpet Police Station, Puducherry – Pending Trial.

4. The Petitioner further stated that the Counter Petitioner is having contact with more number of accused persons and intentionally engaged persons by hiring them by providing liquors and insisting them to create problems with their opposite groups. But, the activities of the Counter Petitioner would provoke enmity between the groups as earlier.

5. It is also stated in the I.R. that the Station House Officer has received reliable information that the Counter Petitioner 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. He is hatching plans to threaten the business people in the Puducherry area and extort money from them by threatening. 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. It is also stated that the Counter Petitioner had violated the conditions imposed by the Criminal Courts.

6. It is also stated in the I.R that the Counter Petitioner is young and energetic and shows his muscle power by committing offences for petty reasons. It is further stated in the I.R that he is very active and may commit any cognizable offence in connection with the prevailing law and order situation in that area.

7. The Petitioner further submitted that if, the Counter Petitioner is allowed to reside in Orleanpet Police Station limits, Puducherry, it is apprehended that he would continue to indulge in serious offences like criminal intimidation, criminalPART-I ] LA GAZETTE DE L'ETAT 799 trespass, affray, riot, assault, obstructions and 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, Orleanpet Police Station, Puducherry, has prayed to invoke provisions under section 144 of Cr.P.C., against the Counter Petitioner do not to enter into the jurisdiction of this Court, for a period of two months as to prevent danger to the human life and properties, and disturbance to the public tranquility and order.

8. 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 28-07-2023 to appear for the hearing on 09-08-2023 at 10.00 a.m. and subsequent hearing on 10-08-2023. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Orleanpet Police Station, Puducherry. The notice was received by the Counter Petitioner.

9. On 10-08-2023, the Petitioner represented by Thiru Chandrasekaran, Sub-Inspector, Orleanpet Police Station, Puducherry, was present. The Counter Petitioner has failed to appear before the Court on hearing date.

10. 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 Ruthresh @ Ruthresh Mani (26), 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 hurt, arms act case, unlawful activities and disturbance to the public peace and order. There are 6 criminal cases were registered against him in the Police Stations.

11. 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.

12. Hence, I, M. Kandasamy, do hereby, in the capacity of Subdivisional Magistrate (North), Puducherry, in exercise of powers conferred under the section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Ruthresh @ Ruthresh Mani (26), son of Mahesh, a resident of No. 102, 10th Cross, Periyar Nagar, Nellithope, 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 10th day of August, 2023 pronounced in the open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

LA GAZETTE DE L'ETAT [ PART-I 800 800

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 79/2023 of I.R. No. 17/2023 Under Section 144 of Cr.P.C./2548

ORDER

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

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

. . Petitioner

Vs.

Thiru Ragul @ Velmurugan (18), S/o. Sugunthuraj @ Sugunthan, No. 7, Sangothiamman Koil Street, Orleanpet, Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by the Station House Officer, Orleanpet Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against Thiru Ragul @ Velmurugan (18), 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 Ragul @ Velmurugan (18), son of Sugunthuraj @ Sugunthan, a resident of No. 7, Sangothiamman Koil Street, Orleanpet, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case submitted by the Station House Officer, Orleanpet Police Station, Puducherry, through the Superintendent of Police (East), Puducherry vide I.R.No. 17/2023 under section 144 of Cr.P.C., dated 20-05-2023. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and indulging in crimes such as attempt to murder, hurt, extortion, and disturbance to the public tranquility and order. 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. 108/2022 under sections 323, 324, 341, 506(ii) IPC r/w 34 IPC of Orleanpet Police Station, Puducherry – Pending Trial.

2. Cr.No. 166/2022 under sections 294(b), 323, 324, 506(i) IPC r/w 34 IPC, dated 03-01-2018 of Orleanpet Police Station, Puducherry – Pending Trial.

3. Cr.No. 93/2023 under sections 324, 506(i) IPC r/w 34 IPC, dated 12-04-2023 – Under Investigation.

4. Cr.No. 121/2023 under sections 294(b), 323, 324, 506(ii) IPC r/w 34 IPC, dated 17-05-2023 of Orleanpet Police Station, Puducherry – Under Investigation.

PART-I ] LA GAZETTE DE L'ETAT 801

6. It is also stated in the I.R that the Counter Petitioner is young and energetic and shows his muscle power by committing offences for petty reasons.

It is further stated in the I.R. that he is very active and may commit any cognizable offence in connection with the prevailing law and order situation in that area.

7. The Petitioner further submitted that if, the Counter Petitioner is allowed to reside in Orleanpet Police Station limits, Puducherry, it is apprehended that he would continue to indulge in serious offences like criminal intimidation, criminal trespass, affray, riot, assault, obstructions and 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, Orleanpet Police Station, Puducherry, has prayed to invoke provisions under section 144 of Cr.P.C., against the Counter Petitioner do not to enter into the jurisdiction of this Court, for a period of two months as to prevent danger to the human life and properties, and disturbance to the public tranquility and order.

9. On 10-08-2023, the Petitioner represented by Thiru Chandrasekaran, Sub-Inspector, Orleanpet Police Station, Puducherry, and the Counter Petitioner were present.

10. I have heard both the side 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 Ragul @ Velmurugan (18), 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 hurt, unlawful activities and disturbance to the public peace and order. There are 4 criminal cases were registered against him in the Police Stations.

LA GAZETTE DE L'ETAT [ PART-I 802 802

11. 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.

12. Hence, I, M. Kandasamy, do hereby, in the capacity of Subdivisional Magistrate (North), Puducherry, in exercise of powers conferred under the section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Ragul @ Velmurugan (18), son of Sugunthuraj @ Sugunthan, a resident of No. 7, Sangothiamman Koil Street, Orleanpet, 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 10th day of August, 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. 89/2023 of I.R. No. 20/2023 Under Section 144 of Cr.P.C./2551

ORDER

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

State Represented by the Sub-Inspector of Police, Mettupalayam Police Station, Puducherry.

. . Petitioner

Vs.

Thiru Rajesh @ Panneer Selvam (37), S/o. Ezhumalai, No. 395, LIG Housing Board, Kurumbapet, Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by the Sub-Inspector of Police, Mettupalayam Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against Thiru Rajesh @ Panneer Selvam 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 803

2. The Counter Petitioner is Thiru Rajesh @ Panneer Selvam (37), son of Ezhumalai, a resident of No. 395, LIG Housing Board, Kurumbapet, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case is submitted by the Sub-Inspector of Police, Mettupalayam Police Station, Puducherry, with the recommendation of the Superintendent of Police (North), Puducherry vide I.R.No. 20/2023 under section 144 of Cr.P.C., dated 20-05-2023. Therein, it has been stated that the Counter Petitioner has indulging in crimes such as robbery, dacoity, riot, hurt, burglaries 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. 90/2022 under sections 302, 201 IPC @ 147, 148, 363, 342, 302, 201 r/w 149 IPC, dated 10-05-2022 of D' Nagar Police Station, Puducherry.

2. Cr.No. 174/2020 under sections 363 IPC @ 363, 294 (b), 324, 307 r/w 34 IPC, dated 06-10-2020 of Vanur Police Station, Tamil Nadu.

3. Cr.No. 5/2018 under sections 147, 148, 363, 342, 324, 506 (ii), 302 IPC r/w 149 IPC, dated 09-01-2018 of Town Police Station, Karaikal.

4. Cr.No. 33/2014 under section 188 IPC, dated 09-03-2014 of Mettupalayam Police Station, Puducherry.

5. Cr.No. 04/2014 under sections 356, 379 IPC r/w 34 IPC, dated 08-01-2014 of Reddiyarpalayam Police Station, Puducherry – Acquitted.

6. Cr.No. 97/2013 under sections 188 IPC, dated 15-10-2013 of Mettupalayam Police Station, Puducherry.

7. Cr.No. 97/2010 under sections 147, 148, 302, 307, 326 r/w 149 IPC, dated 30-05-2010 of Mettupalayam Police Station, Puducherry.

8. Cr.No. 128/2006 under sections 25(i)(a) Arms Act, 1959, dated 09-06-2006 of Mettupalayam Police Station, Puducherry.

9. Cr.No. 46/2003 under sections 324, 323 IPC, dated 25-05-2003 of Mettupalayam Police Station, Puducherry.

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 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 SDM (N) 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 invokeLA GAZETTE DE L'ETAT [ PART-I 804 804 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 28-07-2023 to appear for the hearing on 22-08-2023 at 10.00 a.m. 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 wife, Tmt. Kamatchi. The Service was held sufficient for the Counter Petitioner.

7. On 22.08.2023, the Petitioner Thiru Ramalingam, Assistant 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 Rajesh @ Panneer Selvam, 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 various 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.

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 Rajesh @ Panneer Selvam (37), son of Ezhumalai, a resident of No. 395, LIG Housing Board, Kurumbapet, 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 22nd day of August, 2023 pronounced in the open Court.

M. KANDASAMY, Subdivisional Magistrate (North).

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