[ 813 ]
IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 83/2023 of I.R. No. 07/2023 Under Section 144 of Cr.P.C./2691
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Mettupalayam Police Station,
Puducherry.
. .
Petitioner
Vs.
Thiru Vijay @ Kakka Viji (38),
S/o. Senathibathy,
No. 07, 1st Cross, Anna Street,
Shanmugapuram,
Puducherry.
. .
Counter Petitioner
Registered with the Registrar
of Newspapers for India
under No. 10410
Registered No. PY/44/2021-23
Amflºƒˆ \VWÈ ∂´E>µ
La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - I
E≈©A ÿkπX|
EXTRAORDINAIRE
EXTRAORDINARY
∂]ÔV´D ÿ√u≈
Publiée par
Published by
ÿkπX|
Autorité
Authority
®ı
Amflºƒˆ
ÿƒÀkVF¬˛wÁ\
2023 }
∂¬º¶V√Ï |
3 {
No.
112
Poudouchéry
Mardi
3
Octobre
2023 (11 Asvina 1945)
No.
Puducherry
Tuesday
3rd
October
2023
814
LA GAZETTE DE L’ETAT
[ PART-I
814
1. This petition along with case sheet is filed by the Station House Officer,
Mettupalayam Police Station, Puducherry, praying to pass orders under section 144
of Cr.P.C., against Thiru Vijay @ Kakka Viji (38), 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 Vijay @ Kakka Viji (38), son of
Senathibathy, a resident of No. 07, 1st Cross, Anna Street, Shanmugapuram,
Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
is submitted by the Station House Officer, Mettupalayam Police Station, Puducherry,
with the recommendation of the Superintendent of Police (North), Puducherry vide
I.R.No. 07/2023 under section 144 of Cr.P.C., dated 28-03-2023. Therein, it has been
stated that the Counter Petitioner has indulging in crimes such as murder, attempt
to murder, hurt and disturbance to the public tranquility and order. It is also stated
that the Counter Petitioner has created panic in the minds of local inhabitants and
he is leading lavish life with the money earned through extortion. As a result, the
people of the locality being afraid of the Counter Petitioner do not come forward
to lodge any complaint against him. It is also stated that even witnesses don’t
come forward voluntarily to give evidence against him in the cases where he is the
accused. In this connection, the Petitioner had stated that the following criminal
cases were registered against the Counter Petitioner.
l. Cr.No. 134/2014 under sections 302 IPC r/w 34 IPC @ 147, 148, 452, 302
IPC r/w 149 IPC, dated 06-11-2014 of Reddiyarpalayam Police Station,
Puducherry – Pending Trial.
2. Cr.No. 50/2012 under section 25 (1)(a) of Arms Act, 1959, dated
13-03-2012 of Mettupalayam Police Station, Puducherry – Pending
Trial.
3. Cr.No. 277/2011 under section 25 (1)(a) of Arms Act, 1959, dated
19-12-2011 of Mettupalayam Police Station, Puducherry – Pending
Trial.
4. Cr.No. 42/2010 under sections 27(1-a) of Arms Act, 1959 and 506 (ii)
IPC, dated 07-02-2010 of D’Nagar Police Station, Puducherry –
Acquitted.
5. Cr.No. 200/2009 under sections 147, 148, 341, 307 IPC r/w 149 IPC, dated
24-11-2009 of Reddiyarpalayam Police Station, Puducherry – Pending
Trial.
6. Cr.No. 315/2007 under sections 302, 201 IPC, dated 06-10-2007 of
Auroville Police Station, Tamil Nadu – Acquitted.
7. Cr.No. 287/2005 under sections 324 IPC r/w 34 IPC @ 326, 324 IPC r/w
34 IPC, dated 09-10-2005 of Lawspet Police Station, Puducherry –
Acquitted.
8. Cr.No. 09/2004 under sections 324, 323 IPC r/w 34 IPC @ 323, 326 IPC
r/w 34 IPC, dated 13-01-2004 of D’Nagar Police Station, Puducherry –
Acquitted.
9. Cr.No. 18/2004 under sections 307, 427 IPC r/w 34 IPC, dated 22-01-2004
of D’Nagar Police Station, Puducherry – Acquitted.
PART-I ]
LA GAZETTE DE L’ETAT
815
10. Cr.No. 05/2003 under sections 341, 323, 506 (ii) IPC r/w 34 IPC, dated
15-01-2003, Lawspet Police Station, Puducherry – Acquitted.
11. Cr.No. 109/2003 under sections 147, 148, 307 IPC r/w 149 IPC, dated
28-06-2003 of Lawspet Police Station, Puducherry – Convicted.
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 Puducherry limits, it is apprehended that he would continue to indulge
in serious offences like murder, extortion, assault, obstructions, annoyance, damages
to public and private properties, etc., and thereby emerged as a perennial source
of threat to the community and disturb public peace and order. Hence, the Station
House Officer, Mettupalayam Police Station, Puducherry, has prayed to invoke
provisions under section 144 of Cr.P.C., against the Counter Petitioner 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 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. V. Kalpana. The service
was held sufficient for the Counter Petitioner.
7. On 22-08-2023, the Petitioner represented by 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 Vijay @ Kakka Viji (38), 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 11 criminal cases were
registered against him in various Police Stations.
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.
816
LA GAZETTE DE L’ETAT
[ PART-I
816
10. 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 Vijay @ Kakka Viji (38), son of Senathibathy, a resident of No. 07,
1st Cross, Anna Street, Shanmugapuram, Puducherry, from entering into the region
under the jurisdiction of the Subdivisional Magistrate Court (North), for a period
of two months from the date of this order or till any further orders are passed by
the Competent Authority revoking this prohibition as per law, whichever is earlier
except when you are summoned to attend the cases in any of the Courts in
Puducherry. However, the Counter Petitioner may represent against this order before
the undersigned by post or by Counsel.
At Puducherry, dated on this 22nd 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. 84/2023 of I.R. No. 08/2023 Under Section 144 of Cr.P.C./2697
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Sub-Inspector of Police,
Mettupalayam Police Station,
Puducherry.
. .
Petitioner
Vs.
Thiru Dhinesh @ Kokkadi (24),
S/o. Rajendiran,
No. 28, Pump House Street,
Seran Nagar,
Muthirayarpalayam,
Puducherry.
. .
Counter Petitioner
1. 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 Dhinesh @ Kokkadi (24), 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 Dhinesh @ Kokkadi (24), S/o. Rajendiran,
a resident of No. 28, Pump House Street, Seran Nagar, Muthirayarpalayam,
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. 08/2023 under section 144 of Cr.P.C., dated 28-03-2023.
PART-I ]
LA GAZETTE DE L’ETAT
817
Therein, it has been stated that the Counter Petitioner has indulging in crimes such
as murder, riot, extortion by using lethal weapons and disturbance to the public
tranquility and order. It is also stated that the Counter Petitioner has created panic
in the minds of local inhabitants and he is leading lavish life with the money earned
through extortion. As a result, the people of the locality being afraid of the Counter
Petitioner do not come forward to lodge any complaint against him. It is also stated
that even witnesses don’t come forward voluntarily to give evidence against him
in the cases where he is the accused. In this connection, the Petitioner had stated
that the following criminal cases were registered against the Counter Petitioner.
1. Cr.No. 77/2017 under sections 147,148, 294(b), 324, 506(i) r/w 149 IPC,
dated 29-03-2017 of D’Nagar Police Station, Puducherry – Pending
Trial.
2. Cr.No. 94/2019 under sections 147, 148, 294(b), 307, 302, 120-B IPC r/w
149 IPC, 73 of Explosive Substances Act of Vanur Police Station –
Pending Trial.
3. Cr.No. 11/2020 under sections 294(b), 427, 324, 506(ii) r/w 34 IPC, dated
15-04-2020 of D’Nagar Police Station, Puducherry – Pending Trial.
4. The Petitioner further submitted that the Counter Petitioner was very
active notorious rowdy element and become a source of terror among the public. It
is also stated that he has involved in various offences by using aruval, knife to
attack the victims and he violated the conditions imposed by the Criminal Courts
and have scant respect to the judiciary and rule of law.
5. The Petitioner further submitted that if, the Counter Petitioner is allowed
to reside in Puducherry North limits, it is apprehended that he would continue to
indulge in serious offences like hurt, assault, obstructions, annoyance, damages
to public and private properties, etc., and thereby emerged as a perennial source
of threat to the community and disturb public peace and order. Hence, the Station
House Officer, Mettupalayam Police Station, Puducherry, has prayed to invoke
provisions under section 144 of Cr.P.C., against the Counter Petitioner 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 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
was received by the Counter Petitioner.
7. On 22-08-2023, the Petitioner represented by 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 Dhinesh @ Kokkadi (24), is in such a manner that he may
cause breach of peace and create a problem of law and order and public tranquility.
He has involved in crimes such as murder, assault, unlawful activities and
disturbance to the public peace and order. There are 3 criminal cases were registered
against him in various Police Stations.
818
LA GAZETTE DE L’ETAT
[ PART-I
818
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 the section
144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitioner Thiru Dhinesh @ Kokkadi (24), son of Rajendiran, a resident of No. 28,
Pump House Street, Seran Nagar, Muthirayarpalayam, Puducherry, from entering
into the region under the jurisdiction of the Subdivisional Magistrate Court (North),
for a period of two months from the date of this order or till any further orders are
passed by the Competent Authority revoking this prohibition as per law, whichever
is earlier except when you are summoned to attend the cases in any of the Courts
in Puducherry. However, the Counter Petitioner may represent against this order
before the undersigned by post or by Counsel.
At Puducherry, dated on this 22nd 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. 85/2023 of I.R. No. 09/2023 Under Section 144 of Cr.P.C./2692
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Mettupalayam Police Station,
Puducherry.
. .
Petitioner
Vs.
Thiru Ilavarasan (38),
S/o. Vijayarangam,
No. 18, Gengaiamman Koil Street,
Dharmapuri,
Puducherry.
. .
Counter Petitioner
1. This petition along with case sheet is filed by the Station House Officer,
Mettupalayam Police Station, Puducherry, praying to pass orders under section 144
of Cr.P.C., against Thiru Ilavarasan (38), 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
819
2. The Counter Petitioner is Thiru Ilavarasan (38), son of Vijayarangam,
a resident of No. 18, Gengaiamman Koil Street, Dharmapuri, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
is submitted by the Station House Officer, Mettupalayam Police Station, Puducherry,
with the recommendation of the Superintendent of Police (North), Puducherry vide
I.R.No. 09/2023 under section 144 of Cr.P.C., dated 29-03-2023. Therein, it has been
stated that the Counter Petitioner has indulging in crimes such as murder,
kidnapping, dacoity, hurt and disturbance to the public tranquility and order. It is
also stated that the Counter Petitioner has created panic in the minds of local
inhabitants and he is leading lavish life with the money earned through extortion.
As a result, the people of the locality being afraid of the Counter Petitioner do not
come forward to lodge any complaint against him. It is also stated that even
witnesses don't come forward voluntarily to give evidence against him in the cases
where he is the accused. In this connection, the Petitioner had stated that the
following criminal cases were registered against the Counter Petitioner.
1. Cr.No. 175/2020 under section 364 IPC r/w 34 IPC, dated 27-11-2020 of
Mettupalayam Police Station, Puducherry – Pending Trial.
2. Cr.No. 39/2017 under sections 147,148, 341, 302 r/w 149 IPC, dated
07-05-2017 of Mettupalayam Police Station, Puducherry – Pending Trial.
3. Cr.No. 09/2010 under sections 324, 323, 506 (ii) r/w 34 IPC, dated
15-01-2010 of Mettupalayam Police Station, Puducherry – Acquitted.
4. Cr.No. 94/2010 under sections 147, 148, 307, 326, 302 r/w 149 IPC, dated
30-05-2010 of Mettupalayam Police Station, Puducherry – Pending Trial.
5. Cr.No. 25/2014 under sections 341, 365, 323, 326, 342, 506(ii) IPC r/w 34
IPC, dated 03-03-2014 of Mettupalayam Police Station, Puducherry –
Acquitted.
6. Cr.No. 27/2014 under section 188 IPC, dated 04-03-2014 of Mettupalayam
Police Station, Puducherry – Acquitted.
7. Cr.No. 64/2014 under section 25 (i-a) of Arms Act 1959 r/w 34 IPC, dated
04-06-2014 of Mettupalayam Police Station, Puducherry – Pending Trial.
8. Cr.No. 140/2014 under section 399 IPC, dated 28-03-2014 of
Dhindivanam Police Station, Tamil Nadu – Pending Trial.
4. The Petitioner further submitted that the Counter Petitioner was very
active notorious rowdy element and become a source of terror among the public. It
is also stated that he has involved in various offences by using aruval, knife to
attack the victims and he violated the conditions imposed by the Criminal Courts
and have scant respect to the judiciary and rule of law.
5. The Petitioner further submitted that if, the Counter Petitioner is allowed
to reside in Puducherry North limits, it is apprehended that he would continue to
indulge in serious offences like murder, extortion, robbery, hurt, assault,
obstructions, annoyance, damages to public and private properties, etc., and
thereby emerged as a perennial source of threat to the community and disturb public
peace and order. Hence, the Station House Officer, Mettupalayam Police Station,
Puducherry, has prayed to invoke provisions under section 144 of Cr.P.C., against
the Counter Petitioner 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 of citizens
and uphold public peace and order.
820
LA GAZETTE DE L’ETAT
[ PART-I
820
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
was received by the Counter Petitioner.
7. On 22-08-2023, the Petitioner represented by 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 Ilavarasan (38), 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 8 criminal cases were registered against
him in various Police Stations.
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 the section
144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitioner Thiru Ilavarasan (38), son of Vijayarangam, a resident of No. 18,
Gengaiamman Koil Street, Dharmapuri, 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).
PART-I ]
LA GAZETTE DE L’ETAT
821
IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 86/2023 of I.R. No. 10/2023 Under Section 144 of Cr.P.C./2696
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Mettupalayam Police Station,
Puducherry.
. .
Petitioner
Vs.
Thiru Muthu Kumar @ Muthu (29),
S/o. Sankar,
No. 187, LIG Housing Board Quarters,
Kurumampet,
Puducherry.
. .
Counter Petitioner
1. This petition along with case sheet is filed by the Station House Officer,
Mettupalayam Police Station, Puducherry, praying to pass orders under section 144
of Cr.P.C., against Thiru Muthu Kumar @ Muthu (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 Muthu Kumar @ Muthu (29) son of
Sankar, a resident of No. 187, LIG Housing Board Quarters, Kurumampet,
Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
is submitted by the Station House Officer, Mettupalayam Police Station, Puducherry,
with the recommendation of the Superintendent of Police (North), Puducherry vide
I.R.No. 10/2023 under section 144 of Cr.P.C., dated 31-03-2023. Therein, it has been
stated that the Counter Petitioner has indulging in crimes such as murder,
kidnapping, extortion, intimidation and disturbance to the public tranquility and
order. It is also stated that the Counter Petitioner has created panic in the minds of
local inhabitants and he is leading lavish life with the money earned through
extortion. As a result, the people of the locality being afraid of the Counter Petitioner
do not come forward to lodge any complaint against him. It is also stated that even
witnesses don’t come forward voluntarily to give evidence against him in the cases
where he is the accused. In this connection, the Petitioner had stated that the
following criminal cases were registered against the Counter Petitioner.
1. Cr.No. 64/2014 under section 25 (1) (a) of Arms Act 1959 r/w 34 IPC,
dated 04-06-2014 of Mettupalayam Police Station, Puducherry.
2. Cr.No. 78/2014 under section 324 IPC r/w 34 IPC, dated 28-06-2014 of
Mettupalayam Police Station, Puducherry.
3. Cr.No. 122/2014 under section 25 (1) (a) of Arms Act 1959, dated
06-10-2014 of Mettupalayam Police Station, Puducherry.
4. Cr.No. 39/2017 under sections 48, 342, 302, 109 IPC r/w 149 IPC, dated
07-05-2017 of Mettupalayam Police Station, Puducherry.
5. Cr.No. 175/2020 under section 364 IPC r/w 34 IPC, dated 27-11-2020 of
Mettupalayam Police Station, Puducherry.
822
LA GAZETTE DE L’ETAT
[ PART-I
822
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 Puducherry North limits, it is apprehended that he would continue to
indulge in serious offences like murder, extortion, assault, obstructions, annoyance,
damages to public and private properties, etc., and thereby emerged as a perennial
source of threat to the community and disturb public peace and order. Hence,
the Station House Officer, Mettupalayam Police Station, Puducherry, has prayed to
invoke provisions under section 144 of Cr.P.C., against the Counter Petitioner 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 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 mother, Tmt. Vennila (45). The service
was held sufficient for the Counter Petitioner.
7. On 22-08-2023, the Petitioner represented by 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 Muthu Kumar @ Muthu (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, assault, unlawful activities
and disturbance to the public peace and order. There are 5 criminal cases were
registered against him in various Police Stations.
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 the section
144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitioner Thiru Muthu Kumar @ Muthu (29), son of Sankar, a resident of No. 187,
LIG Housing Board Quarters, Kurumampet, 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
PART-I ]
LA GAZETTE DE L’ETAT
823
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).
————
IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 88/2023 of I.R. No. 10/2023 Under Section 144 of Cr.P.C./2693
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Mettupalayam Police Station,
Puducherry.
. .
Petitioner
Vs.
Thiru Natarajan @ Katterumbu Natarajan (41),
S/o. Palani,
No. 17, Middle Street,
Sanarapet,
Mettupalayam,
Puducherry.
. .
Counter Petitioner
1. This petition along with case sheet is filed by the Station House Officer,
Mettupalayam Police Station, Puducherry, praying to pass orders under section 144
of Cr.P.C., against Thiru Natarajan @ Katterumbu Natarajan (41), 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 Natarajan @ Katterumbu Natarajan (41),
son of Palani, a resident of No. 17, Middle Street, Sanarapet, Mettupalayam,
Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
is submitted by the Station House Officer, Mettupalayam Police Station, Puducherry,
with the recommendation of the Superintendent of Police (North), Puducherry vide
I.R.No. 12/2023 under section 144 of Cr.P.C., dated 04-04-2023. 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 has created panic in the minds of local inhabitants
and he is leading lavish life with the money earned through extortion. As a result,
the people of the locality being afraid of the Counter Petitioner do not come forward
to lodge any complaint against him. It is also stated that even witnesses don’t
come forward voluntarily to give evidence against him in the cases where he is the
accused. In this connection, the Petitioner had stated that the following criminal
cases were registered against the Counter Petitioner.
824
LA GAZETTE DE L’ETAT
[ PART-I
824
1. Cr.No.49/1999 under sections 457, 380 r/w 34 IPC, dated 22-06-1999 of
Mettupalayam Police Station, Puducherry – Convicted.
2. Cr.No. 61/2000 under sections 457, 380 r/w 34 IPC, dated 25-08-2000 of
Mettupalayam Police Station, Puducherry – Convicted.
3. Cr.No. 97/2000 under sections 452, 324 r/w 34 IPC, dated 12-12-2000 of
Mettupalayam Police Station, Puducherry – Acquitted.
4. Cr.No. 120/2001 under sections 341, 323, 506 (i) r/w 34 IPC, dated
20-11-2001 of Mettupalayam Police Station, Puducherry – Compounded.
5. Cr.No. 70/2003 under sections 341, 323, 427 IPC r/w 34 IPC, dated
22-08-2003 of Mettupalayam Police Station, Puducherry – Compounded.
6. Cr.No. 359/2003 under sections 326, 427 r/w 34 IPC, dated 26-09-2003
of Villianur Police Station, Puducherry – Pending Trial.
7. Cr.No. 124/2004 under sections 147, 148, 448, 324, 506 (ii) IPC r/w 149
IPC, dated 26-08-2004 of Mettupalayam Police Station, Puducherry –
Pending Trial.
8. Cr.No. 436/2005 under sections 392, 397 r/w 120(B) IPC, dated 12-04-2005
of Panruti Police Station, Tamil Nadu – Pending Trial.
9. Cr.No. 21/2007 under sections 380 IPC r/w 34 IPC, dated 02-02-2007 of
Mettupalayam Police Station, Puducherry – Pending Trial.
10. Cr.No. 114/2009 under sections 457, 380 IPC, dated 04-07-2009 of
Mettupalayam Police Station, Puducherry – Pending Trial.
11. Cr.No. 05/2010 under sections 294, 427, 323, 506 (ii) r/w 34 IPC, dated
08-01-2010 of Mettupalayam Police Station, Puducherry – Pending Trial.
12. Cr.No. 14/2010 under sections 341, 324, 506 (ii) r/w 34 IPC, dated
24-01-2010 of Mettupalayam Police Station, Puducherry – Pending Trial.
13. Cr.No. 159/2010 under sections 27(1-a) of Arms Act, 506 (ii) IPC, dated
17-09-2010 of Mettuplayam Police Station, Puducherry – Pending Trial.
14. Cr.No. 233/2010 under sections 341, 294(B), 394 IPC, dated 22-04-2010
of Dhindivanam Police Station, Tamil Nadu – Pending Trial.
15. Cr.No. 21/2012 under section 25(1-a) of Arms Act, dated 13-02-2012 of
Mettupalayam Police Station, Puducherry – Pending Trial.
16. Cr.No. 100/2012 under sections 25(1-a) of Arms Act, dated 10-06-2012
of Mettupalayam Police Station, Puducherry – Pending Trial.
17. Cr.No. 10/2014 under sections 457, 380 IPC, dated 15-01-2014 of
Mettupalayam Police Station, Puducherry – Pending Trial.
4. The Petitioner further submitted that the Counter Petitioner was very
active notorious rowdy element and become a source of terror among the public.
It is also stated that he has involved in various offences by using aruval, knife to
attack the victims and he violated the conditions imposed by the Criminal Courts
and have scant respect to the judiciary and rule of law.
5. The Petitioner further submitted that if, the Counter Petitioner is allowed
to reside in Puducherry North limits, it is apprehended that he would continue to
indulge in serious offences like murder, extortion, assault, obstructions, annoyance,
damages to public and private properties, etc., and thereby emerged as a perennial
source of threat to the community and disturb public peace and order. Hence, the
PART-I ]
LA GAZETTE DE L’ETAT
825
Station House Officer, Mettupalayam 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 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.
7. On 22-08-2023, the Petitioner represented by 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 Natarajan @ Katterumbu Natarajan (41), 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 are 17 criminal cases were
registered against him in various Police Stations.
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 the section
144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitioner Thiru Natarajan @ Katterumbu Natarajan (41), son of Palani, a resident
of No. 17, Middle Street, Sanarapet, Mettupalayam, Puducherry, from entering into
the region under the jurisdiction of the Subdivisional Magistrate Court (North),
for a period of two months from the date of this order or till any further orders are
passed by the Competent Authority revoking this prohibition as per law, whichever
is earlier except when you are summoned to attend the cases in any of the Courts
in Puducherry. However, the Counter Petitioner may represent against this order
before the undersigned by post or by Counsel.
At Puducherry, dated on this 22nd day of August, 2023 pronounced in the
open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
————
online publication at “https://styandptg.py.gov.in”
Published by the Director, Government Press, Puducherry.