[ 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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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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