[ 849 ]

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 90/2023 of I.R. No. 20/2023 Under Section 144 of Cr.P.C./2731

ORDER

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

State Represented by the Sub-Inspector of Police,

Thavalakuppam Police Station,

Puducherry.

. .

Petitioner

Vs.

Thiru Anbazhagan @ Azhagar (42),

S/o. Seenuvasan,

No. 69, Middle Street,

Pooranankuppam,

Thavalakuppam,

Puducherry.

. .

Counter Petitioner

Registered with the Registrar

of Newspapers for India

under No. 10410

Registered No. PY/44/2021-23

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The Gazette of Puducherry

PART - I

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No.

116

Poudouchéry

Mercredi

5

Octobre

2023 (13 Asvina 1945)

No.

Puducherry

Wednesday

5th

October

2023

850

LA GAZETTE DE L’ETAT

[ PART-I

850

This petition along with case sheet is filed by the Sub - Inspector of Police,

Thavalakuppam Police Station, Puducherry, praying to pass orders under section

144 of Cr.P.C., against Thiru Anbazhagan @ Azhagar, 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 Anbazhagan @ Azhagar (42), son of

Seenuvasan, a resident of No. 69, Middle Street, Pooranankuppam, Thavalakuppam,

Puducherry.

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

submitted by the Sub-Inspector of Police, Thavalakuppam Police Station,

Puducherry, through the Superintendent of Police (South), Puducherry vide I.R.No.

20/2023 under section 144 of Cr.P.C., dated 15-04-2023 Therein, it has been stated

that the Counter Petitioner has formed a gang of rowdies and bent upon indulging

in crime such as murder by using country made bombs. 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.

Further, the Petitioner had submitted a note, dated 31-03-2023 of the Inspector of

Police, Special Task Force, Puducherry. In this connection, the Petitioner has stated

that the following Criminal cases were registered against the Counter Petitioner.

(i) Cr.No. 229/13 under sections 147, 148, 341, 302 IPC r/w 149 IPC, dated

19-11-2013 of Reddichavady Police Station, Tamil Nadu.

(ii) Cr.No. 86/2014 under sections 147, 148, 341, 342, 302 IPC r/w 149 IPC

and 3 of Explosive Substances Act, 1908, dated 21-11-2014 of

Thavalakuppam Police Station, Puducherry.

(iii) I.R.No. 33/2014 under section 144 of Cr.P.C, dated 07-10-2014

(iv) I.R.No. 23/2015 under section 144 of Cr.P.C, dated 11-08-2015

(v) I.R.No. 02/2016 under section 144 of Cr.P.C, dated 14-03-2016

(vi) I.R.No. 35/2016 under section 144 of Cr.P.C, dated 27-09-2016

(vii) I.R.No. 11/2017 under section 144 of Cr.P.C, dated 13-05-2017

(viii) I.R.No. 08/2018 under section 144 of Cr.PC, dated 30-04-2018

(ix) I.R.No. 11/2019 under section 144 of Cr.P.C, dated 14-03-2019

(x) I.R.No. 42/2019 under section 150 of Cr.P.C, dated 24-11-2019

(xi) I.R.No. 12/2022 under section 144 of Cr.P.C, dated 13-06-2022

(xii) I.R.No. 02/2023 under section 144 of Cr.P.C, dated 28-03-2023

4. The Petitioner further stated that the Counter Petitioner is not a law

abiding citizen and he is a young and very active notorious rowdy element. It is

also stated that he 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. It is also stated in the I.R that the

Station House Officer has received reliable information that he is desperate and is

PART-I ]

LA GAZETTE DE L’ETAT

851

in dire need of money to maintain his group of rowdy elements and to meet expenses

in connection with the trial in the pending criminal cases against him. It is also

stated that he is hatching plans to threaten the business people in the Puducherry

urban area and extort money from them by threatening. The Petitioner further stated

that the Counter Petitioner earned displeasure among a section of other rowdy group

in the area on account of the grudge against him and hence rival group is also

waiting opportunity to take revenge upon him.

5. The Petitioner further submitted that if, the Counter Petitioner is allowed

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

indulge in serious offences like murder, attempt to murder, damages to public and

private properties, assault, obstructions, annoyance, etc., and thereby emerged as

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

Hence, the Sub-Inspector of Police, Thavalakuppam 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 lives and properties, and disturbance

to the public tranquility and order.

6. The proceeding was started by affording an opportunity to the Counter

Petitioner to show cause against the petition filed by the Petitioner. A notice was

served to both the parties on 10-08-2023 to appear for the hearing on 12-09-2023. It

was instructed to serve the notice to the Counter Petitioner through the Station

House Officer, Thavalakuppam Police Station, Puducherry. The notice was received

by the Counter Petitioner.

7. On 12-09-2023, the Petitioner Thiru G. Thirumurugan, Sub-Inspector,

Thavalakuppam Police Station, Puducherry and the Counter Petitioner were present.

The Learned Counsel, Thiru A. Mayan was present and represented on behalf of

the Counter Petitioner.

8. 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 the Counter Petitioner is in such a manner that he

may cause breach of peace and create a problem of law and order and public

tranquility. He has involved in crimes such as murder, assault, unlawful activities

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

registered against him in various Police Stations. I have also heard the oral

submission of the Counsel for the Counter Petitioner. The Learned Counsel for

Counter Petitioner has stated that the Petitioner has filed this false case with an

ulterior motive.

9. Upon hearing both sides and on perusal of the records submitted by

the Petitioner, I am of the opinion that if, the Counter Petitioner is allowed to reside

within the limits of my jurisdiction, the Counter Petitioner will continue to indulge

in and also motivate serious offences like murder, assault, damages to properties,

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

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

handled effectively by taking recourse to usual procedures contemplated by law

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

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

properties of citizens and uphold public peace and order;

852

LA GAZETTE DE L’ETAT

[ PART-I

852

11. 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 Anbazhagan @ Azhagar (42), son of Seenuvasan, a resident of

No. 69, Middle Street, Pooranankuppam, Thavalakuppam, 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 12th day of September, 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. 91/2023 of I.R. No. 21/2023 Under Section 144 of Cr.P.C./2732

ORDER

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

State Represented by the Sub-Inspector of Police,

Thavalakuppam Police Station,

Puducherry.

. .

Petitioner

Vs.

Thiru San @ Shanmugam (22),

S/o. Sakthivel,

No. 29, Udaiyar Street,

T.N. Palayam,

Thavalakuppam,

Puducherry.

. .

Counter Petitioner

This petition along with case sheet is filed by the Sub-Inspector of Police,

Thavalakuppam Police Station, Puducherry, praying to pass orders under section144

of Cr.P.C., against Thiru San @ Shanmugam, 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 San @ Shanmugam (22), son of Sakthivel,

a resident of No. 29, Udaiyar Street, T.N. Palayam, Thavalakuppam, Puducherry.

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

submitted by the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry,

through the Superintendent of Police (South), Puducherry vide I.R.No. 91/2023

PART-I ]

LA GAZETTE DE L’ETAT

853

under section144 of Cr.P.C., dated 24-04-2023. Therein, it has been stated that the

Counter Petitioner have formed a gang of rowdies and bent upon indulging in crime

such as murder, arms act, hurt and riot cases. 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. 109/2021 under section 302 IPC r/w 34 IPC of Thavalakuppam

Police Station, Puducherry, dated 20-09-2021.

2. Cr.No. 91/2022 under sections 294 (b), 506 (ii) IPC and 25 (1) (a) of Arms

Act, 1959 of Thavalakuppam Police Station, Puducherry, dated

03-10-2022.

3. Cr.No. 15/2023 under sections 294(b), 323, 324, 506(ii) r/w 34 IPC, dated

25-02-2023.

4. Cr.No. 42/2023 under sections 448, 294(b), 323, 324, 506(ii) IPC r/w 34

IPC @ 147, 448, 294(b), 323, 324, 506(ii) IPC r/w 149 Thavalakuppam

Police Station, Puducherry, dated 23-04-2023.

5. I.R.No. 8/2023 under section 144 of Cr.P.C., dated 13-02-2023

4. The Petitioner further stated that the Counter Petitioner is not a law

abiding citizen and he is a young and very active notorious rowdy element. It is

also stated that he 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. It is also stated in the I.R that the

Station House Officer have received reliable information that he is desperate and

is in dire need of money to maintain his group of rowdy elements and to meet

expenses in connection with the trial in the pending criminal cases against him. It

is also stated that he is hatching plans to threaten the business people in the

Puducherry urban area and extort money from them by threatening. The Petitioner

further stated that the Counter Petitioner earned displeasure among a section of

other rowdy group in the area on account of the grudge against him and hence,

rival group is also waiting opportunity to take revenge upon him.

5. The Petitioner further submitted that if, the Counter Petitioner is allowed

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

indulge in serious offences like murder, attempt to murder, damages to public and

private properties, assault, obstructions, annoyance, etc., and thereby emerged as

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

Hence, the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry, has

prayed to invoke provisions under section 144 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.

854

LA GAZETTE DE L’ETAT

[ PART-I

854

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 10-08-2023 to appear for the hearing on 12-09-2023. It

was instructed to serve the notice to the Counter Petitioner through the Station

House Officer, Thavalakuppam Police Station, Puducherry. The notice was received

by the Counter Petitioner.

7. On 12-09-2023, the Petitioner Thiru G. Thirumurugan, Sub-Inspector,

Thavalakuppam Police Station, Puducherry, and the Counter Petitioner were present.

The Learned Counsel, Thiru A. Mayan, was present and represented on behalf of

the Counter Petitioner.

8. 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 the Counter Petitioner is in such a manner that he

may cause breach of peace and create a problem of law and order and public

tranquility. He has involved in crimes such as murder, assault, unlawful activities

and disturbance to the public peace and order. There are 5 criminal cases were

registered against him in Thavalakuppam Police Station. I have also heard the oral

submission of the Counsel for the Counter Petitioner. The Learned Counsel for

Counter Petitioner has stated that the Petitioner has filed this false case with an

ulterior motive.

9. Upon hearing both sides and on perusal of the records submitted by

the Petitioner, I am of the opinion that if, the Counter Petitioner is allowed to reside

within the limits of my jurisdiction, the Counter Petitioner will continue to indulge

in and also motivate serious offences like murder, assault, damages to properties,

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

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

handled effectively by taking recourse to usual procedures contemplated by law

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

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

properties of citizens and uphold public peace and order.

11. 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 San @ Shanmugam (22), son of Sakthivel, a resident of No. 29,

Udaiyar Street, T.N. Palayam, Thavalakuppam, 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 12th day of September, 2023 pronounced in

the open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

PART-I ]

LA GAZETTE DE L’ETAT

855

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 94/2023 of I.R. No. 29/2023 Under Section 144 of Cr.P.C./2727

ORDER

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

State Represented by the Sub-Inspector of Police,

Thavalakuppam Police Station,

Puducherry.

. .

Petitioner

Vs.

Thiru Rajasegar (28),

S/o. Nagamuthu @ Meesai,

No. 45, Throwpathiamman Koil Street,

Pooranankuppam,

Thavalakuppam,

Puducherry.

. .

Counter Petitioner

This petition along with case sheet is filed by the Sub-Inspector of Police,

Thavalakuppam Police Station, Puducherry, praying to pass orders under section

144 of Cr.P.C., against Thiru Rajasegar (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 Rajasegar (28), son of Nagamuthu @

Meesai, a resident of No. 45, Throwpathiamman Koil Street Pooranankuppam,

Thavalakuppam, Puducherry.

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

submitted by the Sub-Inspector of Police, Thavalakuppam Police Station,

Puducherry, through the Superintendent of Police (South), Puducherry vide I.R.No.

29/2023 under section 144 of Cr.P.C., dated 12-05-2023. 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, explosive case, dacoity by using deadly weapons. 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 has stated that the

following criminal cases were registered against the Counter Petitioner.

1. Cr.No. 37/2013 under sections 509(B), 323, 506(i) IPC r/w 34 IPC @ 354

A(1)(i), 354 D(2), 323, 506(i) IPC r/w 34 IPC, dated 08-05-2013 of

Thavalakuppam Police Station, Puducherry.

2. Cr.No. 71/2013 under sections 294(b), 323, 506(ii) IPC r/w 34 IPC, dated

02-08-2013 of Thavalakuppam Police Station, Puducherry.

3. Cr.No. 229/2013 under sections 147, 148, 341, 302 IPC r/w 149 IPC, dated

19-11-2013 of Reddichavady Police Station, Tamil Nadu.

856

LA GAZETTE DE L’ETAT

[ PART-I

856

4. Cr.No. 86/2014 under sections 147, 148, 341, 342, 302 IPC r/w 149 IPC

and 3 of Explosive Substances Act, 1908, dated 21-11-2014 of

Thavalakuppam Police Station, Puducherry.

5. Cr.No. 02/2021 under sections 143, 148, 307, 323, 324 IPC r/w 149 IPC

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

4. The Petitioner further stated that the Counter Petitioner is not a law

abiding citizen and he is a young and very active notorious rowdy element. It is

also stated that he has involved in various offences by using aruval, knife to attack

the victims and he violated the conditions imposed by the Court while he was

released on bail. It is also stated in the I.R that the Station House Officer has

received reliable information that he is desperate and is in dire need of money to

maintain his group of rowdy elements and to meet expenses in connection with the

trial in the pending criminal cases against him. It is also stated that he is hatching

plans to threaten the business people in the Puducherry urban area and extort money

from them by threatening. The Petitioner further stated that the Counter Petitioner

earned displeasure among a section of other rowdy group in the area on account

of the grudge against him and hence rival group is also waiting opportunity to

take revenge upon him.

5. The Petitioner further submitted that if the Counter Petitioner is allowed

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

indulge in serious offences like murder, attempt to murder, damages to public and

private properties, assault, obstructions, annoyance, etc., and thereby emerged as

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

Hence, the Sub-Inspector of Police, Thavalakuppam 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 lives and properties, and disturbance

to the public tranquility and order;

6. The proceeding was started by affording an opportunity to the Counter

Petitioner to show cause against the petition filed by the Petitioner. A notice was

served to both the parties on 10-08-2023 to appear for the hearing on 12-09-2023. It

was instructed to serve the notice to the Counter Petitioner through the Station

House Officer, Thavalakuppam Police Station, Puducherry. The notice was received

by the Counter Petitioner.

7. On 12-09-2023, the Petitioner Thiru. G. Thirumurugan, Sub-Inspector,

Thavalakuppam Police Station, Puducherry and the Counter Petitioner were present.

The Learned Counsel, Thiru D. Pushparaj was present and represented on behalf

of the Counter Petitioner.

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

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

the activities of the Counter Petitioner is in such a manner that he may cause breach

of peace and create a problem of law and order and public tranquility. He has

involved in crimes such as 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. I have also heard the oral submission of the Counsel

for the Counter Petitioner. The Learned Counsel for Counter Petitioner has stated

that the Petitioner has filed this false case with an ulterior motive.

PART-I ]

LA GAZETTE DE L’ETAT

857

9. Upon hearing both sides and on perusal of the records submitted by

the Petitioner, I am of the opinion that if, the Counter Petitioner is allowed to reside

within the limits of my jurisdiction, the Counter Petitioner will continue to indulge

in and also motivate serious offences like murder, assault, damages to properties,

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

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

handled effectively by taking recourse to usual procedures contemplated by law

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

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

properties of citizens and uphold public peace and order;

10. Hence, I, M. Kandasamy, do hereby in the capacity of Subdivisional

Magistrate (North), Puducherry, in exercise of powers conferred under the section

144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter

Petitioner Thiru Rajasegar (28), son of Nagamuthu @ Meesai, a resident of No. 45,

Throwpathiamman Koil Street Pooranankuppam, Thavalakuppam, 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 12th day of September, 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. 98/2023 of I.R. No. 40/2023 Under Section 144 of Cr.P.C./2735

ORDER

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

State Represented by the Sub-Inspector of Police,

Thavalakuppam Police Station,

Puducherry.

. .

Petitioner

Vs.

Thiru Kumaravel (28),

S/o. Karunamoorthy,

No.15, Throwpathiamman Koil Street,

Pooranankuppam,

Thavalakuppam,

Puducherry.

. .

Counter Petitioner

This petition along with case sheet is filed by the Sub-nspector of Police,

Thavalakuppam Police Station, Puducherry, praying to pass orders under section

144 of Cr.P.C., against Thiru Kumaravel to prevent imminent danger to human lives

and properties, and disturbance to the public tranquility and order, in the

jurisdiction of this Court.

858

LA GAZETTE DE L’ETAT

[ PART-I

858

2. The Counter Petitioner is Thiru Kumaravel (28), son of Karunamoorthy,

a resident of No. 15, Throwpathiamman Koil Street, Pooranankuppam, Thavalakuppam,

Puducherry.

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

submitted by the Sub-Inspector of Police, Thavalakuppam Police Station,

Puducherry, through the Superintendent of Police (South), Puducherry vide I.R.No.

40/2023 under section144 of Cr.P.C., dated 07-08-2023 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, dacoity, explosive cases by using deadly weapons

and country made bombs. 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

has stated that the following Criminal cases were registered against the Counter

Petitioner.

1. Cr.No. 62/2012 under sections 345, 323, 506(ii) IPC r/w 34 IPC dt:

29-05-2012 of Thavalakuppam Police Station, Puducherry.

2. Cr.No. 37/2013 under sections 509(B), 323, 506(i) IPC r/w 34 IPC @ 354

A(l)(i), 354 D(2), 323, 506(i) IPC r/w 34 IPC, dated 08-05-2013 of

Thavalakuppam Police Station, Puducherry.

3. Cr.No. 71/2013 under sections 294(b), 323, 506(ii) IPC r/w 34 IPC, dated

02-08-2013 of Thavalakuppam Police Station, Puducherry.

4. Cr.No.229/13 under sections 147,148, 341, 302 IPC r/w 149 IPC, dated

19-11-2013 of Reddichavady Police Station, Tamil Nadu.

5. Cr.No.86/14 under sections 147,148, 341,342, 302 IPC r/w 149 IPC and 3

of Explosive Substances Act, 1908, dated 21-11-2014 of Thavalakuppam

Police Station, Puducherry.

6. Cr. No.42/16 under section 395 IPC, dated 28-05-2016 of Thavalakuppam

Police Station, Puducherry.

7. Cr.No.02/2021 under sections 143,148,307,323,324 IPC r/w 149 IPC of

Thavalakuppam Police Station, Puducherry.

8. I.R.No. 34/2014 under section 144 of Cr.P.C., dated 08-10-2014

9. I.R.No. 22/2015 under section 144 of Cr.P.C., dated 11-08-2015

10. I.R.No. 03/2016 under section 144 of Cr.P.C., dated 14-03-2016

11. I.R.No. 09/2018 under section 144 of Cr.P.C., dated 30-04-2018

12. I.R.No. 07/2019 under section 144 of Cr.P.C., dated 12-03-2019

13. I.R.No. 18/2019 under section 107 of Cr.P.C., dated 26-09-2019

14. I.R.No. 44/2019 under section 150 @ 107 of Cr.P.C., dated 26-11-2019

15. I.R.No. 09/2022 under section 144 of Cr.P.C., dated 10-06-2022

16. I.R.No. 31/2022 under sections 151 and 107 of Cr.P.C., dated 22-12-2022

PART-I ]

LA GAZETTE DE L’ETAT

859

4. The Petitioner further stated that the Counter Petitioner is not a law

abiding citizen and he is a young and very active notorious rowdy element. It is

also stated that he 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. It is also stated in the I.R that the

Station House Officer has received reliable information that he is desperate and is

in dire need of money to maintain his group of rowdy elements and to meet expenses

in connection with the trial in the pending criminal cases against him. It is also

stated that he is hatching plans to threaten the business people in the Puducherry

urban area and extort money from them by threatening. The Petitioner further stated

that the Counter Petitioner earned displeasure among a section of other rowdy group

in the area on account of the grudge against him and hence rival group is also

waiting opportunity to take revenge upon him.

5. The Petitioner further submitted that if, the Counter Petitioner is allowed

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

indulge in serious offences like murder, attempt to murder, damages to public and

private properties, assault, obstructions, annoyance, etc., and thereby emerged as

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

Hence, the Sub-Inspector of Police, Thavalakuppam 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 lives and properties, and disturbance

to the public tranquility and order.

6. The proceeding was started by affording an opportunity to the Counter

Petitioner to show cause against the petition filed by the Petitioner. A notice was

served to both the parties on 31-08-2023 to appear for the hearing on 12-09-2023. It

was instructed to serve the notice to the Counter Petitioner through the Station

House Officer, Thavalakuppam Police Station, Puducherry. The notice was received

by the Counter Petitioner.

7. On 12-09-2023, the Petitioner Thiru. G. Thirumurugan, Sub-Inspector,

Thavalakuppam Police Station, Puducherry and the Counter Petitioner were present.

The Learned Counsel, Thiru A. Mayan, was present and represented on behalf of

the Counter Petitioner.

8. 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 the Counter Petitioner is in such a manner that he

may cause breach of peace and create a problem of law and order and public

tranquility. He has involved in crimes such as murder, assault, unlawful activities

and disturbance to the public peace and order. There are 16 criminal cases were

registered against him in various Police Stations. I have also heard the oral

submission of the Counsel for the Counter Petitioner. The Learned Counsel for

Counter Petitioner has stated that the Petitioner has filed this false case with an

ulterior motive.

9. Upon hearing both sides and on perusal of the records submitted by

the Petitioner, I am of the opinion that if, the Counter Petitioner is allowed to reside

within the limits of my jurisdiction, the Counter Petitioner will continue to indulge

in and also motivate serious offences like murder, assault, damages to properties,

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

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

handled effectively by taking recourse to usual procedures contemplated by law

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

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

properties of citizens and uphold public peace and order;

860

LA GAZETTE DE L’ETAT

[ PART-I

860

11. 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 Kumaravel (28), son of Karunamoorthy, a resident of No. 15,

Throwpathiamman Koil Street, Pooranankuppam, Thavalakuppam, 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 12th day of September, 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. 99/2023 of I.R. No. 41/2023 Under Section 144 of Cr.P.C./2730

ORDER

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

State Represented by the Sub-Inspector of Police,

Thavalakuppam Police Station,

Puducherry.

. .

Petitioner

Vs.

Thiru Raju @ Raji (29),

S/o. Pazhani,

No. 10, North Street,

Pooranankuppam,

Thavalakuppam,

Puducherry.

. .

Counter Petitioner

This petition along with case sheet is filed by the Sub-Inspector of Police,

Thavalakuppam Police Station, Puducherry, praying to pass orders under section

144 of Cr.P.C., against Thiru Raju @ Raji, 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 Raju @ Raji (29), son of Pazhani, a

resident of No. 10, North Street, Pooranankuppam, Thavalakuppam, Puducherry.

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

submitted by the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry,

through the Superintendent of Police (South), Puducherry vide I.R.No. 41/2023

under section144 of Cr.P.C., dated 08-08-2023. 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 by using deadly weapons. It is also stated that the Counter

PART-I ]

LA GAZETTE DE L’ETAT

861

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. 62/2012 under sections 354, 323, 506(ii), r/w 34 IPC, dated

29-05-2012 of Thavalakuppam Police Station, Puducherry.

(2) Cr.No. 86/2014 under sections 147,148, 341, 342, 302 IPC r/w 149 IPC

and 3 of Explosive Substance Act, 1908, dated 21-11-2014 of

Thavalakuppam Police Station, Puducherry.

(3) Cr.No. 295/2020 under sections 341, 294(b), 323, 506(ii) IPC r/w 34 IPC,

dated 19-06-2020 of Thavalakuppam Police Station, Puducherry.

(4) Cr.No. 347/2020 under sections 294(b), 323, 506(ii) r/w 34 IPC, dated

14-10-2020 of Thavalakuppam Police Station, Puducherry.

(5) Cr.No. 02/2021 under sections 143,148, 307, 323, 324 IPC r/w 149 IPC,

dated 01-01-2021 of Thavalakuppam Police Station, Puducherry.

(6) I.R.No. 27/2015 under section 110 of Cr.P.C., dated 11-11-2015.

(7) I.R.No. 39/2019 under section 150 @ 107 of Cr.P.C., dated 21-11-2019.

(8) I.R.No. 49/2020 under section 107 of Cr.P.C., dated 22-06-2020.

(9) I.R.No. 83/2021 under section 144 of Cr.P.C., dated 13-06-2021.

(10) I.R.No. 115/2021 under section 144 of Cr.P.C., dated 02-10-2021.

(11) I.R.No. 17/2022 under section 110 of Cr.P.C., dated 18-06-2022.

4. The Petitioner further stated that the Counter Petitioner is not a law

abiding citizen and he is a young and very active notorious rowdy element. It is

also stated that he 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. It is also stated in the I.R that the

Station House Officer has received reliable information that he is desperate and is

in dire need of money to maintain his group of rowdy elements and to meet expenses

in connection with the trial in the pending criminal cases against him. It is also

stated that he is hatching plans to threaten the business people in the Puducherry

urban area and extort money from them by threatening. The Petitioner further stated

that the Counter Petitioner earned displeasure among a section of other rowdy group

in the area on account of the grudge against him and hence rival group is also

waiting opportunity to take revenge upon him.

5. The Petitioner further submitted that if, the Counter Petitioner is allowed

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

indulge in serious offences like murder, attempt to murder, damages to public and

private properties, assault, obstructions, annoyance, etc., and thereby emerged as

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

Hence, the Sub-Inspector of Police, Thavalakuppam 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 lives and properties, and disturbance

to the public tranquility and order.

862

LA GAZETTE DE L’ETAT

[ PART-I

862

6. The proceeding was started by affording an opportunity to the Counter

Petitioner to show cause against the petition filed by the Petitioner. A notice was

served to both the parties on 31-08-2023 to appear for the hearing on 12-09-2023. It

was instructed to serve the notice to the Counter Petitioner through the Station

House Officer, Thavalakuppam Police Station, Puducherry. The notice was received

by the Counter Petitioner.

7. On 12-09-2023, the Petitioner Thiru G. Thirumurugan, Sub-Inspector,

Thavalakuppam Police Station, Puducherry and the Counter Petitioner were present.

The Learned Counsel, Thiru D. Pushparaj, was present and represented on behalf

of the Counter Petitioner.

8. 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 the Counter Petitioner is in such a manner that he

may cause breach of peace and create a problem of law and order and public

tranquility. He has involved in crimes such as murder, assault, unlawful activities

and disturbance to the public peace and order. There are 11 criminal cases were

registered against him in Thavalakuppam Police Station, Puducherry. I have also

heard the oral submission of the Counsel for the Counter Petitioner. The Learned

Counsel for Counter Petitioner has stated that the Petitioner has filed this false

case with an ulterior motive.

9. Upon hearing both sides and on perusal of the records submitted by

the Petitioner, I am of the opinion that if, the Counter Petitioner is allowed to reside

within the limits of my jurisdiction, the Counter Petitioner will continue to indulge

in and also motivate serious offences like murder, assault, damages to properties,

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

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

handled effectively by taking recourse to usual procedures contemplated by law

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

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

properties of citizens and uphold public peace and order;

11. 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 Raju @ Raji (29), son of Pazhani, a resident of No. 10, North Street,

Pooranankuppam,Thavalakuppam, 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 12th day of September, 2023 pronounced in

the open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

PART-I ]

LA GAZETTE DE L’ETAT

863

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 100/2023 of I.R. No. 42/2023 Under Section 144 of Cr.P.C./2729

ORDER

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

State Represented by the Sub-Inspector of Police,

Thavalakuppam Police Station,

Puducherry.

. .

Petitioner

Vs.

Thiru Tamilarasu @ Arasu (39),

S/o. Thanigachalam,

No. 10, North Street,

Pooranankuppam,

Puducherry.

. .

Counter Petitioner

This petition along with case sheet is filed by the Sub - Inspector of Police,

Thavalakuppam Police Station, Puducherry, praying to pass orders under section

144 of Cr.P.C., against Thiru Tamilarasu @ Arasu (39), 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 Tamilarasu @ Arasu (39), son of

Thanigachalam, a resident of No. 10, North Street, Pooranankuppam, Puducherry.

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

submitted by the Sub-Inspector of Police, Thavalakuppam Police Station,

Puducherry, through the Superintendent of Police (South), Puducherry vide I.R.No.

42/2023 under section144 of Cr.P.C., dated 09-08-2023. Therein, it has been stated

that the Counter Petitioner have formed a gang of rowdies and bent upon indulging

in crime such as murder, hurt, explosive case and using country made bombs by

using lethal weapons. 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. 62/2012 under sections 345, 323, 506(ii) IPC r/w 34 IPC, dated

29-05-2012 of Thavalakuppam Police Station, Puducherry.

2. Cr.No. 37/2013 under sections 509(B), 323, 506(i) IPC r/w 34 IPC @ 354

A(l)(i), 354 D(2), 323, 506(i) IPC r/w 34 IPC, dated 08-05-2013 of

Thavalakuppam Police Station, Puducherry.

3. Cr.No. 229/2013 under sections 147,148, 341, 302 IPC r/w 149 IPC, dated

19-11-2013 of Reddichavady Police Station, Tamil Nadu.

4. Cr.No. 86 under sections 147,148, 341, 342, 302 IPC r/w 149 IPC and 3

of Explosive Substances Act, 1908, dated 21-11-2014 of Thavalakuppam

Police Station, Puducherry.

864

LA GAZETTE DE L’ETAT

[ PART-I

864

5. Cr.No.57/2018 under sections 341, 324, 506(ii) IPC r/w 34 IPC, dated

07-08-2018 of Thavalakuppam Police Station, Puducherry.

6. I.R.No. 32/2014 under section 107 of Cr.P.C., dated 24-09-2014

7. I.R.No. 34/2014 under section 144 of Cr.P.C., dated 08-10-2014

8. I.R.No. 02/2015 under section 144 of Cr.P.C., dated 27-02-2015

9. I.R.No. 25/2015 under section 110 of Cr.P.C., dated 29-09-2015

10. I.R.No. 03/2017 under section 151 @ 107 of Cr.P.C., dated 28-04-2017

11. I.R.No. 08/2019 under section 107 of Cr.P.C., dated 12-03-2019

12. I.R.No. 23/2019 under section 107 of Cr.P.C., dated 03-10-2019

13. I.R.No. 60/2021 under section 144 of Cr.P.C., dated 22-03-2021

14. I.R.No. 14/2023 under section 144 of Cr.P.C., dated 20-02-2023

4. The Petitioner further stated that the Counter Petitioner is not a law

abiding citizen and he is a young and very active notorious rowdy element. It is

also stated that he 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. It is also stated in the I.R that the

Station House Officer has received reliable information that he is desperate and is

in dire need of money to maintain his group of rowdy elements and to meet expenses

in connection with the trial in the pending criminal cases against him. It is also

stated that he is hatching plans to threaten the business people in the Puducherry

urban area and extort money from them by threatening. The Petitioner further stated

that the Counter Petitioner earned displeasure among a section of other rowdy group

in the area on account of the grudge against him and hence, rival group is also

waiting opportunity to take revenge upon him.

5. The Petitioner further submitted that if, the Counter Petitioner is allowed

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

indulge in serious offences like murder, attempt to murder, damages to public and

private properties, assault, obstructions, annoyance, etc., and thereby emerged as

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

Hence, the Sub-Inspector of Police, Thavalakuppam 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.

6. The proceeding was started by affording an opportunity to the Counter

Petitioner to show cause against the petition filed by the Petitioner. A notice was

served to both the parties on 31-08-2023 to appear for the hearing on 12-09-2023. It

was instructed to serve the notice to the Counter Petitioner through the Station

House Officer, Thavalakuppam Police Station, Puducherry. The notice was received

by the Counter Petitioner.

7. On 12-09-2023, the Petitioner Thiru G. Thirumurugan, Sub-Inspector,

Thavalakuppam Police Station, Puducherry and the Counter Petitioner were present.

The Learned Counsel, Thiru D. Pushparaj, was present and represented on behalf

of the Counter Petitioner.

PART-I ]

LA GAZETTE DE L’ETAT

865

8. 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 the Counter Petitioner is in such a manner that he

may cause breach of peace and create a problem of law and order and public

tranquility. He has involved in crimes such as murder, assault, unlawful activities

and disturbance to the public peace and order. There are 14 criminal cases were

registered against him in various Police Station. I have also heard the oral

submission of the Counsel for the Counter Petitioner. The Learned Counsel for

Counter Petitioner has stated that the Petitioner has filed this false case with an

ulterior motive.

9. Upon hearing both sides and on perusal of the records submitted by

the Petitioner, I am of the opinion that if, the Counter Petitioner is allowed to reside

within the limits of my jurisdiction, the Counter Petitioner will continue to indulge

in and also motivate serious offences like murder, assault, damages to properties,

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

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

handled effectively by taking recourse to usual procedures contemplated by law

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

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

properties of citizens and uphold public peace and order;

10. Hence, I, M. Kandasamy, do hereby in the capacity of Subdivisional

Magistrate (North), Puducherry, in exercise of powers conferred under the section

144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter

Petitioner Thiru Tamilarasu @ Arasu (39), son of Thanigachalam, a resident of

No. 10, North Street, Pooranankuppam, 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 12th day of September, 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. 101/2023 of I.R. No. 43/2023 Under Section 144 of Cr.P.C./2728

ORDER

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

State Represented by the Sub-Inspector of Police,

Thavalakuppam Police Station,

Puducherry.

. .

Petitioner

Vs.

866

LA GAZETTE DE L’ETAT

[ PART-I

866

Thiru Thamizharasu (30),

S/o. Lingamoorthy,

Behind Kalaiarangam,

Mariamman Koil Street,

Pooranankuppam,

Puducherry.

. .

Counter Petitioner

This petition along with case sheet is filed by the Sub-Inspector of Police,

Thavalakuppam Police Station, Puducherry, praying to pass orders under section

144 of Cr.P.C., against Thiru Thamizharasu (30), 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 Thamizharasu (30), son of Lingamoorthy,

a resident of Mariamman Koil Street, Pooranankuppam, Puducherry.

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

submitted by the Sub-Inspector of Police, Thavalakuppam Police Station,

Puducherry, through the Superintendent of Police (South), Puducherry vide I.R.No.

43/2023 under section 144 of Cr.P.C., dated 11-08-2023. Therein, it has been stated

that the Counter Petitioner have formed a gang of rowdies and bent upon indulging

in crime such as murder, hurt, explosive case and using country made bombs by

using lethal weapons. 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. 62/2012 under sections 354, 323, 506(ii) IPC r/w 34 IPC, dated

29-05-2012 of Thavalakuppam Police Station, Puducherry.

2. Cr.No. 229/2013 under sections 147, 148, 341, 302 IPC r/w 149 IPC, dated

19-11-2013 of Reddichavady Police Station, Tamil Nadu.

3. Cr.No. 86/2014 under sections 147, 148, 341, 342, 302 IPC r/w 149 IPC

and 3 of Explosive Substances Act, 1908, dated 21-11-2014 of

Thavalakuppam Police Station, Puducherry.

4. I.R.No. 04/2015 under section 144 of Cr.P.C., dated 01-03-2015 of

Thavalakuppam Police Station, Puducherry.

5. I.R.No.27/2015 under section 110 of Cr.P.C., dated 11-11-2015 of

Thavalakuppam Police Station, Puducherry.

6. I.R.No. 09/2017 under section 144 of Cr.P.C., dated 11-05-2017 of

Thavalakuppam Police Station, Puducherry.

7. I.R.No.03/2018 under section 110 of Cr.P.C., dated 06-02-2018 of

Thavalakuppam Police Station, Puducherry.

8. I.R.No. 10/2018 under section 144 of Cr.P.C., dated 11-03-2019 of

Thavalakuppam Police Station, Puducherry.

PART-I ]

LA GAZETTE DE L’ETAT

867

9. I.R.No.06/2019 under section 144 of Cr.P.C., dated 11-03-2019 of

Thavalakuppam Police Station, Puducherry.

10. IR.No.20/2019 under section 107 of Cr.P.C., dated 28-07-2019 of

Thavalakuppam Police Station, Puducherry.

11. I.R.No. 14/2023 under section 144 of Cr.P.C of Thavalakuppam Police

Station, Puducherry.

4. The Petitioner further stated that the Counter Petitioner is not a law

abiding citizen and he is a young and very active notorious rowdy element. It is

also stated that he 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. It is also stated in the I.R that the

Station House Officer has received reliable information that he is desperate and is

in dire need of money to maintain his group of rowdy elements and to meet expenses

in connection with the trial in the pending criminal cases against him. It is also

stated that he is hatching plans to threaten the business people in the Puducherry

urban area and extort money from them by threatening. The Petitioner further stated

that the Counter Petitioner earned displeasure among a section of other rowdy group

in the area on account of the grudge against him and hence, rival group is also

waiting opportunity to take revenge upon him.

5. The Petitioner further submitted that if the Counter Petitioner is allowed

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

indulge in serious offences like murder, attempt to murder, damages to public and

private properties, assault, obstructions, annoyance, etc., and thereby emerged as

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

Hence, the Sub-Inspector of Police, Thavalakuppam 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.

6. The proceeding was started by affording an opportunity to the Counter

Petitioner to show cause against the petition filed by the Petitioner. A notice was

served to both the parties on 31-08-2023 to appear for the hearing on 12-09-2023. It

was instructed to serve the notice to the Counter Petitioner through the Station

House Officer, Thavalakuppam Police Station, Puducherry. The notice was received

by the Counter Petitioner.

7. On 12-09-2023, the Petitioner Thiru G. Thirumurugan, Sub-Inspector,

Thavalakuppam Police Station, Puducherry and the Counter Petitioner were present.

The Learned Counsel, Thiru D. Pushparaj, was present and represented on behalf

of the Counter Petitioner.

8. 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 the Counter Petitioner is in such a manner that he

may cause breach of peace and create a problem of law and order and public

tranquility. He has involved in crimes such as murder, assault, unlawful activities

and disturbance to the public peace and order. There are 11 criminal cases were

registered against him in various Police Station. I have also heard the oral

submission of the Counsel for the Counter Petitioner. The Learned Counsel for

Counter Petitioner has stated that the Petitioner has filed this false case with an

ulterior motive.

868

LA GAZETTE DE L’ETAT

[ PART-I

868

9. Upon hearing both sides and on perusal of the records submitted by

the Petitioner, I am of the opinion that if, the Counter Petitioner is allowed to reside

within the limits of my jurisdiction, the Counter Petitioner will continue to indulge

in and also motivate serious offences like murder, assault, damages to properties,

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

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

handled effectively by taking recourse to usual procedures contemplated by law

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

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

properties of citizens and uphold public peace and order;

10. Hence, I, M. Kandasamy, do hereby in the capacity of Subdivisional

Magistrate (North), Puducherry, in exercise of powers conferred under the section

144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter

Petitioner Thiru Thamizharasu (30), son of Lingamoorthy, a resident of Mariamman

koil Street, Pooranankuppam, 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 12th day of September, 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. 102/2023 of I.R. No. 44/2023 Under Section 144 of Cr.P.C./2734

ORDER

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

State Represented by the Sub-Inspector of Police,

Thavalakuppam Police Station,

Puducherry.

. .

Petitioner

Vs.

Thiru Selvam @ Silambselvam (33),

S/o. Kumar,

No. 84, Angalammankoil Street,

Poornankuppam,

Puducherry.

. .

Counter Petitioner

This petition along with case sheet is filed by the Sub-Inspector of Police,

Thavalakuppam Police Station, Puducherry, praying to pass orders under section

144 of Cr.P.C., against Thiru Selvam @ Silambselvam (33), 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

869

2. The Counter Petitioner is Thiru Selvam @ Silambselvam (33), son of

Kumar, a resident of No. 84, Angalammankoil Street, Pooranankuppam, Puducherry.

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

submitted by the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry,

through the Superintendent of Police (South), Puducherry vide I.R.No. 44/2023

under section 144 of Cr.P.C., dated 12-08-2023. Therein, it has been stated that the

Counter Petitioner have formed a gang of rowdies and bent upon indulging in crime

such as murder, hurt, explosive case and using country made bombs by using lethal

weapons. 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. 71/2013 under sections 294(b), 323, 506(ii) IPC r/w 34 IPC, dated

02-08-2023 of Thavalakuppam Police Station, Puducherry – Acquitted.

2. Cr.No. 229/2013 under sections 147, 148, 341, 302 IPC r/w 149 IPC of

Reddichavady Police Station, Tamil Nadu, dated 19-11-2013 – Pending

Trial.

3. Cr.No. 86/2014 under sections 147, 148, 341, 342, 302 IPC r/w 149 IPC

and 3 of Explosive Substance Act, 1908, dated 21-11-2014 of

Thavalakuppam Police Station, Puducherry – Pending Trial.

4. Cr.No. 301/2020 under section 12 of PG ACT, dated 11-07-2020 –

Pending Trial.

5. I.R.No. 9/2015 under section 144 of Cr.P.C., dated 22-06-2015 –

Discharged.

6. I.R.No. 27/2015 under section 110 of Cr.P.C., dated 11-11-2015 –

Discharged.

7. I.R.No. 18/2016 under section 107 of Cr.P.C., dated 19-04-2016 –

Discharged.

8. I.R.No. 2/2018 under section 110 of Cr.P.C., dated 02-02-2018 –

Discharged.

9. I.R.No. 5/2019 under section 107 of Cr.P.C., dated 10-03-2019 –

Discharged.

10. I.R.No. 19/2019 under section 107 of Cr.P.C., dated 27-09-2019 –

Discharged.

11. I.R.No. 48/2020 under section 107 of Cr.P.C., dated 22-06-2020 –

Discharged.

12. I.R.No. 71/2020 under section 110 of Cr.P.C., dated 13-09-2020 –

Discharged.

13. I.R.No. 4/2021 under section 144 of Cr.P.C., dated 11-01-2021 –

Discharged.

870

LA GAZETTE DE L’ETAT

[ PART-I

870

14. I.R.No. 78/2021 under section 110 of Cr.P.C., dated 09-06-2021 –

Discharged.

15. I.R.No. 119/2021 under section 144 of Cr.P.C., dated 06-10-2021 –

Discharged.

16. I.R.No. 20/2022 under section 110 of Cr.P.C., dated 21-06-2022 –

Discharged.

4. The Petitioner further stated that the Counter Petitioner is not a law

abiding citizen and he is a young and very active notorious rowdy element. It is

also stated that he 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. It is also stated in the I.R that the

Station House Officer has received reliable information that he is desperate and is

in dire need of money to maintain his group of rowdy elements and to meet expenses

in connection with the trial in the pending criminal cases against him. It is also

stated that he is hatching plans to threaten the business people in the Puducherry

urban area and extort money from them by threatening. The Petitioner further stated

that the Counter Petitioner earned displeasure among a section of other rowdy group

in the area on account of the grudge against him and hence rival group is also

waiting opportunity to take revenge upon him.

5. The Petitioner further submitted that if the Counter Petitioner is allowed

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

indulge in serious offences like murder, attempt to murder, damages to public and

private properties, assault, obstructions, annoyance, etc., and thereby emerged as

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

Hence, the Sub-Inspector of Police, Thavalakuppam 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.

6. The proceeding was started by affording an opportunity to the Counter

Petitioner to show cause against the petition filed by the Petitioner. A notice was

served to both the parties on 31-08-2023 to appear for the hearing on 12-09-2023. It

was instructed to serve the notice to the Counter Petitioner through the Station

House Officer, Thavalakuppam Police Station, Puducherry. The notice was received

by the Counter Petitioner.

7. On 12-09-2023, the Petitioner Thiru G. Thirumurugan, Sub-Inspector,

Thavalakuppam Police Station, Puducherry and the Counter Petitioner were present.

The Learned Counsel, Thiru D. Pushparaj, was present and represented on behalf

of the Counter Petitioner.

8. 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 the Counter Petitioner is in such a manner that he

may cause breach of peace and create a problem of law and order and public

tranquility. He has involved in crimes such as murder, assault, unlawful activities

and disturbance to the public peace and order. There are 16 criminal cases were

registered against him in various Police Stations. I have also heard the oral

submission of the Counsel for the Counter Petitioner. The Learned Counsel for

Counter Petitioner has stated that the Petitioner has filed this false case with an

ulterior motive.

PART-I ]

LA GAZETTE DE L’ETAT

871

9. Upon hearing both sides and on perusal of the records submitted by

the Petitioner, I am of the opinion that if the Counter Petitioner is allowed to reside

within the limits of my jurisdiction, the Counter Petitioner will continue to indulge

in and also motivate serious offences like murder, assault, damages to properties,

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

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

handled effectively by taking recourse to usual procedures contemplated by law

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

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

properties of citizens and uphold public peace and order;

10. Hence, I, M. Kandasamy, do hereby in the capacity of Subdivisional

Magistrate (North), Puducherry, in exercise of powers conferred under the section

144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter

Petitioner Thiru Selvam @ Silambselvam (33), son of Kumar, a resident of No. 84,

Angalammankoil Street, Pooranankuppam, 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 12th day of September, 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. 103/2023 of I.R. No. 45/2023 Under Section 144 of Cr.P.C./2733

ORDER

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

State Represented by the Sub-Inspector of Police,

Thavalakuppam Police Station,

Puducherry.

. .

Petitioner

Vs.

Thiru Mugilan (28),

S/o. Krishnamoorthy (late),

No. 13, Samiyar Nagar,

Pooranankuppam,

Thavalakuppam,

Puducherry.

. .

Counter Petitioner

872

LA GAZETTE DE L’ETAT

[ PART-I

872

This petition along with case sheet is filed by the Sub-Inspector of Police,

Thavalakuppam Police Station, Puducherry, praying to pass orders under section

144 of Cr.P.C., against Thiru Mugilan (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 Mugilan (28), son of Krishnamoorthy

(late), a resident of No. 13, Samiyar Nagar, Pooranankuppam, Thavalakuppam,

Puducherry.

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

submitted by the Sub-Inspector of Police, Thavalakuppam Police Station,

Puducherry, through the Superintendent of Police (South), Puducherry vide I.R.No.

45/2023 under section144 of Cr.P.C., dated 14-08-2023. Therein, it has been stated

that the Counter Petitioner have formed a gang of rowdies and bent upon indulging

in crime such as murder, explosive case and using country made bombs by using

lethal weapons. 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. 229/2013 under sections 147, 148, 341, 302 IPC r/w 149 IPC of

Reddichavady Police Station, Tamil Nadu, dated 19-11-2013 – Pending

Trial.

2. Cr.No. 86/2014 under sections 147, 148, 341, 342, 302 IPC r/w 149 IPC

and 3 of Explosive Substance Act, 1908, dated 21-11-2014 of

Thavalakuppam Police Station, Puducherry – Pending Trial.

3. I.R. 34/2014 under section l44 of Cr.P.C., dated 08-10-2014 – Closed.

4. I.R. 03/2015 under section 144 of Cr.P.C., dated 28-02-2015 – Closed.

5. I.R. 26/2015 under section 110 of Cr.P.C., dated 30-09-2015 – Discharged.

6. 03/2017 under section 151 @ 107 of Cr.P.C., dated 28-04-2017 –

Discharged.

7. 04/2018 under section 110 of Cr.P.C., dated 16-02-2018 – Discharged.

8. 03/2019 under section 107 of Cr.P.C., dated 04-03-2019 – Closed.

9. 41/2019 under section 150@107 of Cr.P.C., dated 23-11-2019 – Closed.

10. 66/2020 under section 110 of Cr.P.C., dated 12-11-2020 – Discharged.

11. 01/2021 under section 151 @ 107 of Cr.P.C., dated 05-01-2021 – Closed.

12. 44/2021 under section 107 of Cr.P.C. – Discharged.

13. 105/2021 under section 144 of Cr.P.C. – Closed.

14. 22/2022 under section 110 of Cr.P.C. – Discharged.

4. The Petitioner further stated that the Counter Petitioner is not a law

abiding citizen and he is a young and very active notorious rowdy element. It is

also stated that he involved in various offences by using aruval, knife to attack

the victims and he violated the conditions imposed by the Criminal Courts and have

PART-I ]

LA GAZETTE DE L’ETAT

873

scant respect to the judiciary and rule of law. It is also stated in the I.R that the

Station House Officer have received reliable information that he is desperate and

is in dire need of money to maintain his group of rowdy elements and to meet

expenses in connection with the trial in the pending criminal cases against him. It

is also stated that he is hatching plans to threaten the business people in the

Puducherry urban area and extort money from them by threatening. The Petitioner

further stated that the Counter Petitioner earned displeasure among a section of

other rowdy group in the area on account of the grudge against him and hence

rival group is also waiting opportunity to take revenge upon him.

5. The Petitioner further submitted that if the Counter Petitioner is allowed

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

indulge in serious offences like murder, attempt to murder, damages to public and

private properties, assault, obstructions, annoyance, etc., and thereby emerged as

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

Hence, the Sub-Inspector of Police, Thavalakuppam 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.

6. The proceeding was started by affording an opportunity to the Counter

Petitioner to show cause against the petition filed by the Petitioner. A notice was

served to both the parties on 31-08-2023 to appear for the hearing on 12-09-2023. It

was instructed to serve the notice to the Counter Petitioner through the Station

House Officer, Thavalakuppam Police Station, Puducherry. The notice was received

by the Counter Petitioner.

7. On 12-09-2023, the Petitioner Thiru G. Thirumurugan, Sub-Inspector,

Thavalakuppam Police Station, Puducherry and the Counter Petitioner were present.

The Learned Counsel, Thiru D. Pushparaj, was present and represented on behalf

of the Counter Petitioner.

8. 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 the Counter Petitioner is in such a manner that he

may cause breach of peace and create a problem of law and order and public

tranquility. He has involved in crimes such as murder, assault, unlawful activities

and disturbance to the public peace and order. There are 14 criminal cases were

registered against him in various Police Stations. I have also heard the oral

submission of the Counsel for the Counter Petitioner. The Learned Counsel for

Counter Petitioner has stated that the Petitioner has filed this false case with an

ulterior motive.

9. Upon hearing both sides and on perusal of the records submitted by

the Petitioner, I am of the opinion that if the Counter Petitioner is allowed to reside

within the limits of my jurisdiction, Counter Petitioner will continue to indulge in

and also motivate serious offences like murder, assault, damages to properties,

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

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

handled effectively by taking recourse to usual procedures contemplated by law

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

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

properties of citizens and uphold public peace and order;

874

LA GAZETTE DE L’ETAT

[ PART-I

874

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 Mugilan (28), son of Krishnamoorthy (late), a resident of No. 13,

Samiyar Nagar, Pooranankuppam, Thavalakuppam, 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 12th day of September, 2023 pronounced in

the open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

————

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