[ 1057]
IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 173/2023 of I.R. No. 67/2023 Under Section 144 of Cr.P.C./3166
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Ariyankuppam Police Station,
Puducherry.
. .
Petitioner
Vs.
Thiru Selvam @ Selvanathan (39),
S/o. Manikannan,
No. 44, Veerampattinam Street,
Odaively, Ariyankuppam, 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.
148
Poudouchéry
Lundi
18
Décembre
2023 (27 Agrahayana 1945)
No.
Puducherry
Monday
18th
December
2023
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LA GAZETTE DE L’ETAT
[ PART-I
1058
This petition along with case sheet is filed by the Station House Officer,
Ariyankuppam Police Station, Puducherry, praying to pass orders under section
144 of Cr.P.C., against Thiru Selvam @ Selvanathan (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 Selvam @ Selvanathan (39), S/o.
Manikannan, a resident of No. 44, Veerampattinam Street, Odaively, Ariyankuppam,
Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
submitted by the Station House Officer, Ariyankuppam Police Station, Puducherry,
through the Superintendent of Police (South), Puducherry vide I.R.No. 67/2023
under section 144 of Cr.P.C., dated 24-07-2023. 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 lethal weapons. The Counter Petitioner has created panic
in the minds of local inhabitants. As a result, the people of the locality being afraid
of the Counter Petitioner do not come forward to lodge any complaint against him.
It is also stated that even witnesses don’t come forward voluntarily to give evidence
against him in the cases where he is the accused. In this connection, the Petitioner
had stated that the following criminal cases was registered against the Counter
Petitioner.
Cr.No. 44/2023 under sections 302, 201 IPC r/w 34 IPC of Ariyankuppam
Police Station, Puducherry.
4. The Petitioner further submitted that the Counter Petitioner is a
notorious rowdy element and become a source of terror among the public. It is
also stated that he is not having any job of his own but he is leading a lavish life
with the money earned through extortion.
5. It is also stated in the I.R. that the Station House Officer has received
reliable information that he is desperate and is in dire need of money to maintain
his group of rowdy elements and to meet expenses in connection with the trial in
the pending criminal cases against him. The Counter Petitioner is hatching plans
to threaten the business people in the Puducherry, urban and rural areas and extort
money from them by threatening. The Petitioner also stated that the Counter
Petitioner earned displeasure among a section of other rowdy group in the area on
account of the grudge against him and hence, rival group is also waiting opportunity
to take revenge upon him.
6. The Petitioner further submitted that if, Counter Petitioner is allowed to
reside in Ariyankuppam limits, it is apprehended that he would continue to indulge
in serious offences like murder, annoyance, etc., and thereby emerged as a perennial
source of threat to the community and disturb public peace and order. Hence, the
Station House Officer, Ariyankuppam Police Station, Puducherry, has prayed to
invoke provisions under section 144 of Cr.P.C., against the Counter Petitioner do
not to enter into the jurisdiction of this Court, for a period of two months as to
prevent danger to the human life and properties, and disturbance to the public
tranquility and order.
7. The proceeding was started by affording an opportunity to the Counter
Petitioner to show cause against the petition filed by the Petitioner. A notice was
served to both the parties on 16-11-2023 to appear for the hearing on 30-11-2023
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and subsequent hearing on 07-12-2023. It was instructed to serve the notice to the
Counter Petitioner through the Station House Officer, Ariyankuppam Police Station,
Puducherry. The notice was received by the Counter Petitioner.
8. On 07-12-2023, the Petitioner Thiru J. Muruganandham, Sub-Inspector,
Ariyankuppam Police Station, Puducherry and the Counter Petitioner were present.
The Learned Counsel, Thiru S. Youvaradjane, filed vakalath and represented on
behalf of the Counter Petitioner.
9. I have heard both the sides and carefully gone through all the available
records in file placed by the Petitioner. In the Police Information Report/Petition, it
is stated that the activities of Thiru Selvam @ Selvanathan (39), 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 and disturbance to the
public peace and order. There is one criminal case was registered against him in
the Ariyankuppam Police Station.
10. During the Course of enquiry on 07-12-2023, the Counter Petitioner
denies all the allegations contained in the notice as well as petition, which are false
and baseless. The Petitioner had suppressed the material facts and filed the present
petition is totally to mislead the court. The Counter Petitioner further submitted
that the petitioner has cited that he involved in one case vide Cr. No. 44/2023 under
sections 302, 201 I.P.C. r/w 34 of I.P.C. of Ariyankuppam Police Station and he prefer
a bail application before the Hon'ble II Additional Sessions Judge at Pondicherry
and released on bail with conditions. And also, he comply the order of the Hon’ble
court without any deviation according to law. The Counter Petitioner is working as
a driver and living in his native village with his wife and two female children with
great reputation. The Counter Petitioner submits the petitioner does not follow the
procedural laws and initiate the case against the Counter Petitioner only on base
of information. The Counter Petitioner submits that the prevention shall be
reasonable and must establish a close link with the grounds responsible for the
occurrence of public unrest or any apprehended danger; otherwise the proceedings
is invalid and illegal. The Counter Petitioner submits that prior to the case he was
falsely implicated in the above said case. Further, submitted that there is no pending
case against him in any Court of law. The Counter Petitioner submits that the police
report does not indicate any single instance that the counter petitioner is potential
danger to human life or public tranquility or riot or an affray. The Counter Petitioner
submits that the petitioner did not state the material facts of the urgency in writing
and the potential reasons that could result in a situation leading peace. The Counter
Petitioner submits that the petition filed by the petitioner against him is very vague
and does not satisfy the ingredients of the provision. This Counter Petitioner
submits that the petitioner should not restrain the private individual’s liberty by
filing this petition when there is no apprehension of the breach of peace of the
Counter Petitioner and it would curb every citizen right. This Counter Petitioner
further submits that the material necessary for invocation of the jurisdiction under
section 144 (i), (ii), (iii) of Cr.P.C. is clearly lacking in the above case and therefore
the application deserves to be dismissed otherwise he will suffer great hardship
and loss and unnecessarily violate the citizen’s fundamental rights, illegal and
arbitrary which in not maintainable in law and liable to dismissed. Hence, the
Counter Petitioner prayed to dismiss the petition filed by the Petitioner. I have also
heard the written submissions of the Learned Counsel for the Counter
Petitioner. The Learned Counsel for the Counter Petitioner has stated that, the
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Petitioner has filed this false case with an ulterior motive and prayed to dismiss
this case. In this regard, the Learned Counsel for Counter Petitioner has filed a
Counter statement.
11. During the Course of enquiry on 07-12-2023, the Petitioner submitted
that a Note, dated 25-07-2023 of the Inspector of Police, Special Task Force,
Puducherry that on 31-03-2023 one Thiru Gnanasegaran (39) of Manavely,
Ariyankuppam was murdered by A1. Selvam (37), A2. Iyyappan @ Balaji, A3. Lourd
Marie (35) (deceased wife) due to illegal affair between deceased wife and Al. Selvam
(37). In this regard, a case was registered vide Cr.No. 44/2023, under sections Man
Missing @ 120, 364, 50, 302, 201 IPC r/w SC/ST Act r/w 34 IPC of Ariyankuppam
Police Station, Puducherry. Further, submitted that they have received a reliable
information that one Vengatesh @ Chinnathambi (32), s/o. Chandiran brother of
deceased Gnanasegaran and his friend Karthi (35) of Thavalakuppam are planning
to eliminate Selvam for revenge retaliation. The Petitioner submitted that a petition
has been given by the father of the deceased Gnanasegaran who is alleged to be
murdered by the Counter Petitioner that, the Counter Petitioner is posing danger
to his son Vengatesh. Hence, the Petitioner submitted that the Counter Petitioner
may be extended for a period of two months.
12. Upon hearing both sides and on perusal of the records submitted by
the Petitioner, Counter Petitioner and Report of the Inspector of Police, Special Task
Force, Puducherry, I am of the opinion that if, the Counter Petitioner is allowed to
reside within the limits of my jurisdiction, the Counter Petitioner will continue to
indulge in and also motivate serious offences like murder, hurt, extortion, damages
to public and private properties, assault, obstructions, annoyance, etc., and thereby
become a perennial source of threat to the community and disturb public peace
and order. Such situations cannot be handled effectively by taking recourse to usual
procedures contemplated by law and hence, it is necessary that special provision
under section 144 of Cr.P.C. is invoked to take action against the Counter Petitioner
to prevent harm to life and properties of citizens and uphold public peace and order.
13. Hence, I, M. Kandasamy, do hereby in the capacity of Subdivisional
Magistrate (North), Puducherry, in exercise of powers conferred under section 144(1)
of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitioner Thiru Selvam @ Selvanathan (39), son of Manikannan, a resident of
No. 44, Veerampattinam Street, Odaively, Ariyankuppam, Puducherry, from entering
into the region under the jurisdiction of the Subdivisional Magistrate Court (North),
for a period of two months from the date of this order or till any further orders are
passed by the Competent Authority revoking this prohibition as per law, whichever
is earlier except when you are summoned to attend the cases in any of the Courts
in Puducherry.
At Puducherry, dated on this 07th day of December, 2023 pronounced in
the open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
online publication at “https://styandptg.py.gov.in”
Published by the Director, Government Press, Puducherry.