[ 1667]
IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 108/2023, I.R.No. 26/2023 under section 144 of Cr.P.C./3196
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Orleanpet Police Station,
Puducherry.
. .
Petitioner
Vs.
Thiru Sathish @ Sathish Kumar (29),
S/o. Umabathy,
No. 89, Angunayakkar Thoppu,
Roadiarpet, 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.
151
Poudouchéry
Jeudi
21
Décembre
2023 (30 Agrahayana 1945)
No.
Puducherry
Thursday
21st
December
2023
1668
LA GAZETTE DE L’ETAT
[ PART-I
1668
This petition along with case sheet is filed by the Station House Officer,
Orleanpet Police Station, Puducherry, praying to pass orders under section 144 of
Cr.P.C., against Thiru Sathish @ Sathish Kumar (29), to prevent imminent danger
to human lives and properties, and disturbance to the public tranquility and order,
in the jurisdiction of this Court.
2. The Counter Petitioner is Thiru Sathish @ Sathish Kumar (29), son of
Umabathy, a resident of No. 89, Angunayakkar Thoppu, Roadiarpet, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
submitted by the Station House Officer, Orleanpet Police Station, Puducherry,
through the Superintendent of Police (East), Puducherry vide I.R.No. 26/2023 under
section 144 of Cr.P.C., dated 05-09-2023. Therein, it has been stated that the Counter
Petitioner has formed a gang of rowdies and indulging in crimes such as murder,
disturbance to the public tranquility and order. It is also stated that the Counter
Petitioner have created panic in the minds of local inhabitants and he is leading
lavish life with the money earned through extortion. As a result the people of the
locality being afraid of the Counter Petitioner do not come forward to lodge any
complaint against him. It is also stated that even witnesses don’t come forward
voluntarily to give evidence against him in the cases where he is the accused. In
this connection, the Petitioner had stated that the following criminal cases were
registered against the Counter Petitioner.
1. Cr.No. 134/2016 under sections 143, 341, 186 r/w 149 IPC, dated
06-06-2016 of Orleanpet Police Station, Puducherry – Pending Trial.
2. Cr.No. 159/2016 under sections 294(b), 324, 506(ii) IPC r/w 34 IPC, dated
29-06-2016 of Orleanpet Police Station, Puducherry – Convicted.
3. Cr.No. 107/2019 under sections 147, 148, 302 IPC and 3 of Explosives
Substance Act, 1908 R/w 149 IPC, dated 03-09-2019 of Orleanpet Police
Station, Puducherry – Pending Trial.
4. Cr.No. 206/2023 under sections 427, 506(ii) IPC r/w 34 IPC, dated
04-09-2023 – Under Investigation.
4. The Petitioner further stated that the Counter Petitioner is not a law
abiding citizen and he was often violating the conditions imposed by the Court
while he was released on bail and become a source of terror among the public.
5. It is also stated in the I.R. that the Station House Officer has received
reliable information that the Counter Petitioner is desperate and is in dire need of
money to maintain his group of rowdy elements and to meet expenses in connection
with the trial in the pending criminal cases against him. He is hatching plans to
threaten the business people in the Puducherry area and extort money from them
by threatening. The Petitioner also stated that the Counter Petitioner earned
displeasure among a section of other rowdy group in the area on account of the
grudge against him and hence, rival group is also waiting opportunity to take
revenge upon him.
6. It is also stated in the I.R. that the Counter Petitioner is young and
energetic and shows his muscle power by committing offences for petty reasons.
It is further stated in the I.R. that he is very active and may commit any cognizable
offence in connection with the prevailing law and order situation in that area. It is
further submitted that his presence will cause major law and order problem in that
area. Hence, it is prayed that he may isolate during forthcoming election.
PART-I ]
LA GAZETTE DE L’ETAT
1669
7. The Petitioner further submitted that if, the Counter Petitioner is allowed
to reside in Orleanpet Police Station limits, Puducherry, it is apprehended that he
would continue to indulge in serious offences like criminal intimidation, criminal
trespass, affray, riot, assault, obstructions and annoyance, etc., and thereby
emerged as a perennial source of threat to the community and disturb public peace
and order. Hence, the Station House Officer, Orleanpet Police Station, Puducherry,
has prayed to invoke provisions under section 144 of Cr.P.C., against the Counter
Petitioner do not to enter into the jurisdiction of this Court, for a period of six
months as to prevent danger to the human life and properties, and disturbance to
the public tranquility and order.
8. The proceeding was started by affording an opportunity to the Counter
Petitioner to show cause against the petition filed by the Petitioner. A notice was
served to both the parties on 03-11-2023 to appear for the hearing on 21-11-2023 at
10.00 a.m. and subsequent hearing on 22-11-2023. It was instructed to serve the
notice to the Counter Petitioner through the Station House Officer, Orleanpet Police
Station, Puducherry. The notice was received by the Counter Petitioner.
9. On 22-11-2023, the Petitioner represented by Thiru J. Babuji, Inspector
of Police, Orleanpet Police Station, Puducherry, was present. The learned Counsel,
Thiru B.N. Balasundaram, was present and represented on behalf of the Counter
Petitioner.
10. 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 Thiru Sathish @ Sathish Kumar (29) is in such a manner that he
may cause breach of peace and create a problem of law and order and public
tranquility. He has involved in crimes such as murder, hurt, unlawful activities and
disturbance to the public peace and order. There are 4 criminal cases were registered
against him in the Police Station. I have also heard the oral submissions of the
Learned Counsel for the Counter Petitioner. The Learned Counsel for the Counter
Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.
11. Upon hearing both sides and on perusal of the records submitted by
the Petitioner, I am of the opinion that if the Counter Petitioner is allowed to reside
within the limits of my jurisdiction, the Counter Petitioner will continue to indulge
in and also motivate serious offences like murder, assault, damages to public and
private properties, obstructions, annoyance, etc., and thereby become a perennial
source of threat to the community and disturb public peace and order. Such
situations cannot be handled effectively by taking recourse to usual procedures
contemplated by law and hence, it is necessary that special provision under section
144 of Cr.P.C. is invoked to take action against the Counter Petitioner to prevent
harm to life and properties of citizens and uphold public peace and order.
12. Hence, I, M. Kandasamy, do hereby, in the capacity of Subdivisional
Magistrate (North), Puducherry, in exercise of powers conferred under the section
144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitioner Thiru Sathish @ Sathish Kumar (29), son of Umabathy, a resident of
No. 89, Angunayakkar Thoppu, Roadiarpet, 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
1670
LA GAZETTE DE L’ETAT
[ PART-I
1670
passed by the Competent Authority revoking this prohibition as per law, whichever
is earlier except when you are summoned to attend the cases in any of the Courts
in Puducherry. However, the Counter Petitioner may represent against this order
before the undersigned by post or by Counsel.
At Puducherry, dated on this 22nd day of November, 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. 109/2023, I.R.No. 27/2023 under section 144 of Cr.P.C./3199
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Orleanpet Police Station,
Puducherry.
. .
Petitioner
Vs.
Thiru Mani @ Manivannan (33),
S/o. Umabathy,
No. 89, Angunayakkar Thoppu,
Roadiarpet, Puducherry.
. .
Counter Petitioner
This petition along with case sheet is filed by the Station House Officer,
Orleanpet Police Station, Puducherry, praying to pass orders under section 144 of
Cr.P.C., against Thiru Mani @ Manivannan (33), 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 Mani @ Manivannan (33), son of
Umabathy, a resident of No. 89, Angunayakkar Thoppu, Roadiarpet, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
submitted by the Station House Officer, Orleanpet Police Station, Puducherry,
through the Superintendent of Police (East), Puducherry vide I.R.No. 27/2023 under
section 144 of Cr.P.C., dated 05-09-2023. Therein, it has been stated that the Counter
Petitioner has formed a gang of rowdies and indulging in crimes such as murder,
disturbance to the public tranquility and order. It is also stated that the Counter
Petitioner have created panic in the minds of local inhabitants and he is leading
lavish life with the money earned through extortion. As a result the people of the
locality being afraid of the Counter Petitioner do not come forward to lodge any
complaint against him. It is also stated that even witnesses don’t come forward
voluntarily to give evidence against him in the cases where he is the accused. In
this connection, the Petitioner had stated that the following criminal cases were
registered against the Counter Petitioner.
PART-I ]
LA GAZETTE DE L’ETAT
1671
1. Cr.No. 125/2013 under sections 448, 324, 506(ii) IPC r/w 34 IPC, dated
18-06-2013 of Orleanpet Police Station, Puducherry – Convicted on
08-09-2013.
2. Cr.No. 73/2016 under sections 324, 506(ii) IPC r/w 34 IPC, dated
21-03-2016 of Orleanpet Police Station, Puducherry – Convicted on
22-04-2018.
3. Cr.No. 159/2016 under sections 294(b), 324, 506(ii) IPC r/w 34 IPC,
dated 29-06-2016 of Orleanpet Police Station, Puducherry – Convicted
CC.No. 73/2017.
4. Cr.No. 36/2017 under sections 294(b), 323, 325, 506(ii) IPC r/w 34 IPC,
dated 13-02-2017 of Orleanpet Police Station, Puducherry – Pending
Trial vide CC.No. 110/2019.
5. Cr.No. 107/2019 under sections 147, 148, 302 IPC and 3 of Explosives
Substance Act, 1908 r/w 149 IPC, dated 03-09-2019 of Mudaliarpet
Police Station, Puducherry – Pending Trial.
6. Cr.No. 240/2022 under sections 25(1-A) Arms Act, 341, 323 506 (ii) IPC
r/w 34 IPC of Orleanpet Police Station, Puducherry – Pending Trial.
4. The Petitioner further stated that the Counter Petitioner is not a law
abiding citizen and he was often violating the conditions imposed by the Court
while he was released on bail and become a source of terror among the public.
5. It is also stated in the I.R. that the Station House Officer has received
reliable information that the Counter Petitioner is desperate and is in dire need of
money to maintain his group of rowdy elements and to meet expenses in connection
with the trial in the pending criminal cases against him. He is hatching plans to
threaten the business people in the Puducherry area and extort money from them
by threatening. The Petitioner also stated that the Counter Petitioner earned
displeasure among a section of other rowdy group in the area on account of the
grudge against him and hence, rival group is also waiting opportunity to take
revenge upon him.
6. It is also stated in the I.R. that the Counter Petitioner is young and
energetic and shows his muscle power by committing offences for petty reasons.
It is further stated in the I.R. that he is very active and may commit any cognizable
offence in connection with the prevailing law and order situation in that area. It is
further submitted that his presence will cause major law and order problem in that
area. Hence, it is prayed that he may isolate during forthcoming election.
7. The Petitioner further submitted that if, the Counter Petitioner is allowed
to reside in Orleanpet Police Station limits, Puducherry, it is apprehended that he
would continue to indulge in serious offences like criminal intimidation, criminal
trespass, affray, riot, assault, obstructions and annoyance, etc., and thereby emerged
as a perennial source of threat to the community and disturb public peace and order.
Hence, the Station House Officer, Orleanpet Police Station, Puducherry, has prayed
to invoke provisions under section 144 of Cr.P.C., against the Counter Petitioner
do not to enter into the jurisdiction of this Court, for a period of six months as to
prevent danger to the human life and properties, and disturbance to the public
tranquility and order.
1672
LA GAZETTE DE L’ETAT
[ PART-I
1672
8. The proceeding was started by affording an opportunity to the Counter
Petitioner to show cause against the petition filed by the Petitioner. A notice was
served to both the parties on 03-11-2023 to appear for the hearing on 21-11-2023 at
10.00 a.m. and subsequent hearing on 22-11-2023. It was instructed to serve the
notice to the Counter Petitioner through the Station House Officer, Orleanpet Police
Station, Puducherry. The notice was received by the Counter Petitioner.
9. On 22-11-2023, the Petitioner represented by Thiru J. Babuji, Inspector
of Police, Orleanpet Police Station, Puducherry, and the Counter Petitioner was
present. The learned Counsel, Thiru B.N. Balasundaram, was present and
represented on behalf of the Counter Petitioner.
10. 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 Thiru Mani @ Manivannan (33) is in such a manner that he may
cause breach of peace and create a problem of law and order and public tranquility.
He has involved in crimes such as explosive, arms act, hurt cases, unlawful activities
and disturbance to the public peace and order. There are 6 criminal cases were
registered against him in the various Police Stations. I have also heard the oral
submissions of the Learned Counsel for the Counter Petitioner. The Learned
Counsel for the Counter Petitioner has stated that the Petitioner has filed this false case
with an ulterior motive and further submitted that the Counter Petitioner is living in
Kandamangalam, Tamil Nadu and requested to permit him to come during Sundays.
11. Upon hearing both sides and on perusal of the records submitted by
the Petitioner, I am of the opinion that if, the Counter Petitioner is allowed to reside
within the limits of my jurisdiction, the Counter Petitioner will continue to indulge
in and also motivate serious offences like murder, assault, damages to public and
private properties, obstructions, annoyance, etc., and thereby become a perennial
source of threat to the community and disturb public peace and order. Such
situations cannot be handled effectively by taking recourse to usual procedures
contemplated by law and hence it is necessary that special provision under section
144 of Cr.P.C. is invoked to take action against the Counter Petitioner to prevent
harm to life and properties of citizens and uphold public peace and order.
12. Hence, I, M. Kandasamy, do hereby, in the capacity of Subdivisional
Magistrate (North), Puducherry, in exercise of powers conferred under the section
144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitioner Thiru Mani @ Manivannan (33), son of Umabathy, a resident of No. 89,
Angunayakkar Thoppu, Roadiarpet, Puducherry, from entering into the region under
the jurisdiction of the Subdivisional Magistrate Court (North), for a period of two
months from the date of this order or till any further orders are passed by the
Competent Authority revoking this prohibition as per law, whichever is earlier except
when you are summoned to attend the cases in any of the Courts in Puducherry.
However, the Counter Petitioner may represent against this order before the
undersigned by post or by Counsel.
At Puducherry, dated on this 22nd day of November, 2023 pronounced in
the open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
PART-I ]
LA GAZETTE DE L’ETAT
1673
IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 157/2023, I.R.No. 35/2023 under section 144 of Cr.P.C./3201
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Sub-Inspector of Police,
Grand Bazaar Police Station,
Puducherry.
. .
Petitioner
Vs
Thiru Sivaperumal @ Sathiya (28),
S/o. Saravanan,
7th Cross, Rainbow Nagar,
Puducherry.
. .
Counter Petitioner
This petition along with case sheet is filed by the Sub-Inspector of Police,
Grand Bazaar Police Station, Puducherry, praying to pass orders under section 144
of Cr.P.C., against Thiru Sivaperumal @ Sathiya (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 Sivaperumal @ Sathiya (28), son of
Saravanan, a resident of 7th Cross, Rainbow Nagar, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
referred by the Sub-Inspector of Police, Grand Bazaar Police Station, Puducherry,
through the Superintendent of Police (East), Puducherry vide I.R.No. 35/2023 under
section 144 of Cr.P.C., dated 04-11-2023. 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, criminal intimidation and disturbance to the public tranquility and
order. The Counter Petitioner has created panic in the minds of local inhabitants
and the business people in the town limits. It is also stated that he is leading lavish
life with the money earned through illegal activities. 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. 232/2010 under sections 457, 380 r/w 34 IPC, dated 23-10-2010
of Muthialpet Police Station, Puducherry.
2. Cr.No. 178/2011 under sections 449, 302 r/w 34 IPC, dated 09-08-2011
of Muthialpet Police Station, Puducherry.
3. Cr.No. 141/2012 under sections 148, 302, 307, 324 r/w 149 IPC, dated
22-07-2012 of Muthialpet Police Station, Puducherry.
1674
LA GAZETTE DE L’ETAT
[ PART-I
1674
4. Cr.No. 212/2012 under sections 356, 379 IPC r/w 34 IPC, dated 07-12-2012
of Muthialpet Police Station, Puducherry.
5. Cr.No. 142/2013 under section 379 IPC, dated 09-10-2013 of Muthialpet
Police Station, Puducherry.
6. Cr.No. 13/2015 under sections 147, 148, 302 IPC r/w 149 IPC, dated
09-02-2015 of Muthialpet Police Station, Puducherry.
7. Cr.No. 103/2015 under sections 294(b), 336, 506(ii) IPC r/w 34 IPC,
dated 23-09-2015 of Muthialpet Police Station, Puducherry.
8. Cr.No. 141/2017 under sections 399, 402 IPC, dated 24-07-2017 of
Villianur Police Station, Puducherry.
9. Cr.No. 107/2018, under section 25 (i) (a) of Arms Act and 506(ii) IPC,
dated 22-05-2018 of Grand Bazaar Police Station, Puducherry.
10. Cr.No. 120/2018 under section 34 B-IX and E1 of PP Act and 506(ii)
IPC, dated 11-12-2018 of Muthialpet Police Station, Puducherry.
11. Cr.No. 10/2019 under section 25 (i) (a) of Arms Act and 506(ii) IPC,
dated 30-01-2019 of Grand Bazaar Police Station, Puducherry.
12. Cr.No. 294/2019 under sections 147, 148, 302 IPC r/w 149 IPC, dated
18-11-2019 of Vadaloor Police Station, Tamil Nadu.
13. Cr.No. 10/2021 under sections 294, 324, 506(ii) IPC r/w 34 IPC of
Odiansalai Police Station, Puducherry.
14. Cr.No. 25/2021 under section 307 IPC r/w 34 IPC @ 147, 148, 307 IPC r/w
148 IPC of Grand Bazaar Police Station, Puducherry.
15. Cr.No. 139/2022 under sections 450, 342, 395 IPC of Grand Bazaar Police
Station, Puducherry.
4. The Petitioner stated that the Counter Petitioner is a notorious rowdy
element. It is also stated that the Counter Petitioner has involved in various offences
by using aruval, knife to attack the victims and become a source of terror among
the public. It is further stated that the Counter Petitioner is not a law abiding
person.
5. It is also stated in the I.R. that the Petitioner have received reliable
information that the Counter Petitioner desperate and is in dire need of money to
maintain his group of rowdy elements. Further, stated that the Counter Petitioner
is hatching plans to threaten the business people in the Puducherry urban area
and extort money from them by threatening. The Petitioner also stated that the
Counter Petitioner is having a life threat and 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, the Counter Petitioner is allowed
to reside in Puducherry town limits, it is apprehended that he would continue to
indulge in serious offences like murder, extortion, kidnapping, theft, snatching,
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 Station House Officer, Grand Bazaar Police
PART-I ]
LA GAZETTE DE L’ETAT
1675
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 29-11-2023 at
10.00 a.m. It was instructed to serve the notice to the Counter Petitioner through
the Station House Officer, Grand Bazaar Police Station, Puducherry. The notice for
the Counter Petitioner was received by his relative Tmt. S. Sumathi. The Service
was held sufficient for the Counter Petitioner.
8. On 29-11-2023, the Petitioner represented by Mrs. Shamala,
Sub-Inspector, Grand Bazaar Police Station, Puducherry, was present. The Counter
Petitioner has failed to appear before the Court on hearing date.
9. I have heard the Petitioner and carefully gone through all the available
records placed before me. In the Police Information Report/Petition, it is stated that
the activities of Thiru Sivaperumal @ Sathiya (28), is in such a manner that he may
cause breach of peace and create a problem of law and order, and public tranquility.
He has involved in crimes such as murder, murder, theft, assault, obstructions and
annoyance, unlawful activities and disturbance to the public peace and order. There
are 15 criminal cases were registered against him in various Police Stations.
10. 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, obstructions, annoyance, damages to public
and private properties, 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 the powers conferred under section 144(1)
of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitioner Thiru Sivaperumal @ Sathiya (28), son of Saravanan, a resident of
7th Cross, Rainbow Nagar, 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 29th day of November, 2023, pronounced in
the open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
1676
LA GAZETTE DE L’ETAT
[ PART-I
1676
IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 161/2023, I.R.No. 38/2023 under section 144 of Cr.P.C./3193
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Reddiyarpalayam Police Station,
Puducherry.
. .
Petitioner
Vs.
Thiru Sappi Murugan @ Murugan (21),
S/o. Jeyaraman,
No. 13, A-Block, 1st Cross,
Vaikal Street, Pavanar Nagar, Boomiyanpet,
Puducherry.
. .
Counter Petitioner
This petition along with case sheet is filed by Station House Officer,
Thiru D. Murugan, Sub-Inspector, Reddiyarpalayam Police Station, Puducherry,
praying to pass orders under section 144 of Cr.P.C., against Thiru Sappi Murugan
@ Murugan (21), 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 Sappi Murugan @ Murugan (21), son
of Jeyaraman, a resident of No. 13, A-Block, 1st Cross, Vaikal Street, Pavanar Nagar,
Boomiyanpet, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
submitted by the Station House Officer, Reddiyarpalayam Police Station,
Puducherry, with the recommendation of the Superintendent of Police (North),
Puducherry vide I.R.No. 38/2023 under section 144 of Cr.P.C., dated 09-11-2023.
Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies
and bent upon indulging in crime such as murder, extortion, hurt and disturbance
to the public tranquility and order. It is also stated that 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. 120/2018 under sections 341, 302 r/w 34 IPC @ 148, 341, 302,
120(B) IPC r/w 149 IPC, dated 30-09-2018 of Reddiyarpalayam Police
Station, Puducherry.
2. Cr.No. 99/2022 under sections 147, 307, 324 IPC r/w 149 IPC, dated
04-08-2022 of Reddiyarpalayam Police Station, Puducherry.
PART-I ]
LA GAZETTE DE L’ETAT
1677
4. The Petitioner further, stated that the Counter Petitioner is a rowdy
element and become a source of terror among the public and he is a active bad
character criminal as well as having associated with bad character China Sakthivel
of Lambert Saravanan Nagar.
5. It is also stated in the I.R that the Station House Officer have received
reliable information that the Counter Petitioner maintains the mass group of
youngsters at Pavanar Nagar, Boomiyanpet and surrounding areas and gave money,
alcohol to them. 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. Hence, the Station House Officer, Reddiyarpalayam Police Station has
prayed to invoke provisions under section 144 Cr.P.C., against the Counter
Petitioner to not to enter into the jurisdiction of this Court for a period of two
months as to prevent danger to the human life and properties and disturbance to
the public tranquility and order.
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 at
10.00 a.m. It was instructed to serve the notice to the Counter Petitioner through
the Station House Officer, Reddiyarpalayam Police Station, Puducherry.
8. On 30-11-2023, the Petitioner Thiru D. Murugan, Sub-Inspector,
Reddiyarpalayam Police Station, Puducherry and the Counter Petitioner were
present.
9. I have heard the Petitioner and carefully gone through all the available
records placed before me. In the Police Information Report/Petition, it is stated that
the activities of Thiru Sappi Murugan @ Murugan (21), is in such a manner that he
may cause breach of peace and create a problem of law and order and public
tranquility. He has involved in crimes such as murder, unlawful activities and
disturbance to the public peace and order. There are two criminal cases were
registered against him in Reddiyarpalayam Police Station, Puducherry. I have also
heard the oral submissions of the Counter Petitioner. The Counter Petitioner has
stated that the Petitioner has filed this false case with an ulterior motive.
10. On perusal of the records submitted by the Petitioner and the
recommendation of the Superintendent of Police (North), I am of the opinion that
if, the Counter Petitioner is allowed to reside within the limits of my jurisdiction,
the Counter Petitioner will continue to indulge in and also motivate serious offences
like murder, extortion, assault, damages to public and private properties,
obstructions, annoyance, etc., and thereby become a perennial source of threat to
the community and disturb public peace and order. Such situations cannot be
handled effectively by taking recourse to usual procedures contemplated by law
and hence, it is necessary that special provision under section 144 of Cr.P.C., is
invoked to take action against the Counter Petitioner to prevent harm to life and
properties of citizens and uphold public peace and order.
11. Hence, I, M. Kandasamy, do hereby in the capacity of Subdivisional
Magistrate (North), Puducherry, in exercise of powers conferred under section 144(1)
of the Code of Criminal Procedure, pass this order and prohibit the Counter
1678
LA GAZETTE DE L’ETAT
[ PART-I
1678
Petitioner Thiru Sappi Murugan @ Murugan (21), son of Jeyaraman, a resident of
No. 13, A-Block, 1st Cross, Vaikal Street, Pavanar Nagar, Boomiyanpet, 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 30th day of November, 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. 162/2023, I.R.No. 30/2023 under section 144 of Cr.P.C./3197
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Orleanpet Police Station,
Puducherry.
. .
Petitioner
Vs.
Thiru Siva @ Kutti Siva (32),
S/o. Joseph,
III Cross, Annai Indira Ninaivu Nagar,
Orleanpet, Puducherry.
. .
Counter Petitioner
This petition along with case sheet is filed by the Station House Officer,
Orleanpet Police Station, Puducherry, praying to pass orders under section 144 of
Cr.P.C., against Thiru Siva @ Kutti Siva (32), 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 Siva @ Kutti Siva (32), son of Joseph,
a resident of III Cross, Annai Indira Ninaivu Nagar, Orleanpet, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
submitted by the Station House Officer, Orleanpet Police Station, Puducherry,
through the Superintendent of Police (East), Puducherry vide I.R.No. 30/2023 under
section 144 of Cr.P.C., dated 05-11-2023. Therein, it has been stated that the Counter
Petitioner has formed a gang of rowdies and indulging in crimes such as murder,
disturbance to the public tranquility and order. It is also stated that the Counter
Petitioner has created panic in the minds of local inhabitants and he is leading
lavish life with the money earned through extortion. As a result, the people of the
PART-I ]
LA GAZETTE DE L’ETAT
1679
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. 125/2013 under sections 448, 324, 506 (ii) r/w 34 IPC of Orleanpet
Police Station, Puducherry – Acquitted.
2. Cr.No. 6/2014 under section 34 A (1) of PP Act of Orleanpet Police
Station, Puducherry – Convicted.
3. Cr.No. 153/2014 under section 34 A I of PP Act of Orleanpet Police
Station, Puducherry – Convicted.
4. Cr.No. 434/2014 under sections 147, 148, 307, 302 IPC and 3 of
Explosives Substances Act of Sembanar Koil Police Station, Tamil
Nadu – Pending Trial.
5. Cr.No. 143/2016 under sections 380 IPC @ 457, 380 IPC r/w 34 IPC and
109 IPC of D’Nagar Police Station, Puducherry – Pending Trail.
6. Cr.No. 08/2017 under sections 294(b), 324, 506(ii) IPC of Orleanpet Police
Station, Puducherry – Pending Trail.
7. Cr.No. 187/2018 under section 25(i)(a) of Arms Act 1959 of Orleanpet
Police Station, Puducherry – Pending Trail.
8. Cr.No. 110/2019 under section 25(1) (a) of Arms Act 1959 @ 34 B(IX)
of PP Act and 506(ii) IPC of Orleanpet Police Station, Puducherry –
Pending Trail.
9. Cr.No. 107/2019 under sections 147, 148, 302 IPC and 3 of Explosive
Substances Act r/w 149 IPC of Mudaliarpet Police Station,
Puducherry – Pending Trail.
10. Cr.No. 182/2020 under sections 294(b), 324, 506(ii) r/w 34 IPC of
Orleanpet Police Station, Puducherry – Pending Trail.
11. Cr.No. 128/2021 under sections 294(b), 324, 427, 506(ii) IPC r/w 34 IPC
of Orleanpet Police Station, Puducherry – Pending Trail.
12. Cr.No. 129/2022 under sections The Prevention of Cruelty to Animals
Act,section 11(1) (a) and 506(II) r/w 34 IPC of Orleanpet Police Station,
Puducherry – Pending Trail.
13. Cr.No. 126/2022 under sections 294(b), 324, 506(ii) IPC of Reddiyarpalayam
Police Station, Puducherry – Pending Trail.
14. Cr.No. 153/2022 under sections 448, 506(ii) IPC and 25(1-a) of Arms Act
Reddiyarpalayam Police Station, Puducherry – Pending Trail.
15. Cr.No. 307/2022 under sections 399, 402 IPC Orleanpet Police Station,
Puducherry – Pending Trail.
4. The Petitioner further stated that the Counter Petitioner is not a law
abiding citizen and he was often violating the conditions imposed by the Court
while he was released on bail and become a source of terror among the public.
1680
LA GAZETTE DE L’ETAT
[ PART-I
1680
5. It is also stated in the I.R. that the Station House Officer has received
reliable information that the Counter Petitioner is desperate and is in dire need of
money to maintain his group of rowdy elements and to meet expenses in connection
with the trial in the pending criminal cases against him. He is hatching plans to
threaten the business people in the Puducherry area and extort money from them
by threatening. The Petitioner also stated that the Counter Petitioner earned
displeasure among a section of other rowdy group in the area on account of the
grudge against him and hence, rival group is also waiting opportunity to take
revenge upon him.
6. It is also stated in the I.R. that the Counter Petitioner is young and
energetic and shows his muscle power by committing offences for petty reasons.
It is further stated in the I.R. that he is very active and may commit any cognizable
offence in connection with the prevailing law and order situation in that area.
7. The Petitioner further submitted that if, the Counter Petitioner is allowed
to reside in Orleanpet Police Station limits, Puducherry, it is apprehended that he
would continue to indulge in serious offences like criminal intimidation, criminal
trespass, affray, riot, assault, obstructions and annoyance, etc., and thereby
emerged as a perennial source of threat to the community and disturb public peace
and order. Hence, the Station House Officer, Orleanpet Police Station, Puducherry,
has prayed to invoke provisions under section 144 of Cr.P.C., against the Counter
Petitioner to not to enter into the jurisdiction of this Court, for a period of six
months as to prevent danger to the human life and properties, and disturbance to
the public tranquility and order.
8. The proceeding was started by affording an opportunity to the Counter
Petitioner to show cause against the petition filed by the Petitioner. A notice was
served to both the parties on 03-11-2023 to appear for the hearing on 21-11-2023 at
10.00 a.m. and subsequent hearing on 22-11-2023. It was instructed to serve the
notice to the Counter Petitioner through the Station House Officer, Orleanpet Police
Station, Puducherry. The notice for the Counter Petitioner was received by his wife,
Tmt. S. Porkilai. The service was held sufficient for the Counter Petitioner.
9. On 22-11-2023, the Petitioner represented by Thiru J. Babuji, Inspector
of Police, Orleanpet Police Station, Puducherry, and the Counter Petitioner was
present. The Learned Counsel, Thiru Mayan, was present and represented on behalf
of the Counter Petitioner without filing of vakalath.
10. 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 Thiru Siva @ Kutti Siva (32) is in such a manner that he may cause
breach of peace and create a problem of law and order and public tranquility. He
has involved in crimes such as murder, explosive, arms, hurt cases, unlawful
activities and disturbance to the public peace and order. There are 15 criminal cases
were registered against him in the various Police Station. I have also heard the oral
submissions of the Learned Counsel for the Counter Petitioner. The Learned
Counsel for the Counter Petitioner has stated that the Counter Petitioner has already
undergone punishment. Hence, Learned Counsel prayed to dismiss the petition as
last one month there is no mistakes was committed by him.
PART-I ]
LA GAZETTE DE L’ETAT
1681
11. Upon hearing both sides and on perusal of the records submitted by
the Petitioner, I am of the opinion that if the Counter Petitioner is allowed to reside
within the limits of my jurisdiction, the Counter Petitioner will continue to indulge
in and also motivate serious offences like murder, assault, damages to public and
private properties, obstructions, annoyance, etc., and thereby become a perennial
source of threat to the community and disturb public peace and order. Such
situations cannot be handled effectively by taking recourse to usual procedures
contemplated by law and hence, it is necessary that special provision under section
144 of Cr.P.C. is invoked to take action against the Counter Petitioner to prevent
harm to life and properties of citizens and uphold public peace and order.
12. Hence, I, M. Kandasamy, do hereby, in the capacity of Subdivisional
Magistrate (North), Puducherry, in exercise of powers conferred under the section
144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitioner Thiru Siva @ Kutti Siva (32), son of Joseph, a resident of III Cross,
Annai Indira Ninaivu Nagar, Orleanpet, Puducherry, from entering into the region
under the jurisdiction of the Subdivisional Magistrate Court (North), for a period
of two months from the date of this order or till any further orders are passed by
the Competent Authority revoking this prohibition as per law, whichever is earlier
except when you are summoned to attend the cases in any of the Courts in
Puducherry. However, the Counter Petitioner may represent against this order before
the undersigned by post or by Counsel.
At Puducherry, dated on this 22nd day of November, 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. 163/2023, I.R.No. 31/2023 under section 144 of Cr.P.C./3200
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Orleanpet Police Station,
Puducherry.
. .
Petitioner
Vs.
Thiru Thamizh @ Thamizhmani (26),
S/o. Sundaraj,
No. 71, 3rd Cross, Sakthi Nagar, Saram,
Puducherry.
. .
Counter Petitioner
1682
LA GAZETTE DE L’ETAT
[ PART-I
1682
This petition along with case sheet is filed by the Station House Officer,
Orleanpet Police Station, Puducherry, praying to pass orders under section 144 of
Cr.P.C., against Thiru Thamizh @ Thamizhmani (26), to prevent imminent danger to
human lives and properties, and disturbance to the public tranquility and order, in
the jurisdiction of this Court.
2. The Counter Petitioner is Thiru Thamizh @ Thamizhmani (26), son of
Sundaraj, a resident of No. 71, 3rd Cross, Sakthi Nagar, Saram, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
submitted by the Station House Officer, Orleanpet Police Station, Puducherry,
through the Superintendent of Police (East), Puducherry vide I.R.No. 31/2023 under
section 144 of Cr.P.C., dated 06-11-2023. Therein, it has been stated that the Counter
Petitioner has formed a gang of rowdies and indulging in crimes such as murder,
arms, explosive, theft cases and disturbance to the public tranquility and order.
It is also stated that the Counter Petitioner have created panic in the minds of local
inhabitants and he is leading lavish life with the money earned through extortion.
As a result the people of the locality being afraid of the Counter Petitioner do not
come forward to lodge any complaint against him. It is also stated that even
witnesses don’t come forward voluntarily to give evidence against him in the cases
where he is the accused. In this connection, the Petitioner had stated that the
following criminal cases were registered against the Counter Petitioner.
1. Cr.No. 112/03 under sections 457, 380 IPC of D’Nagar Police Station,
Puducherry – Convicted on 21-05-2007 in CC No. 2/06.
2. Cr.No. 178/03 under sections 457, 380 IPC of D’Nagar Police Station,
Puducherry – Convicted on 21-05-2007 in CC No. 255/06.
3. Cr.No. 111/09 under section 308 IPC @ 304 r/w 34 IPC and 3 of Explosive
Substance Act 1908 of Thavalakuppam Police Station, Puducherry –
Pending Trail PRC No. 29/10.
4. Cr.No. 330/09 under sections 399, 402 IPC and 27(1) of Arms Act of
D’Nagar Police Station, Puducherry – Pending Trail in PRC No. 5/10.
5. Cr.No. 15/10 under sections 294, 323, 506(II) IPC – Pending Trail STR
No. 3614/10.
6. Cr.No. 48/2019 under sections 20 (b), 307, 342, 328, 364, 451, 302, 201 r/w
34 IPC – Pending Trail.
7. Cr.No. 155/10 under section 27 of Arms Act and 506(II) IPC of Lawspet
Police Station, Puducherry – Pending Trail CC.No. 426/10.
8. Cr.No. 201/11 under section 302 IPC of Mudaliarpet Police Station,
Puducherry – Pending Trail S.C. No. 08/2011.
9. Cr.No. 283/12 under sections 294, 323, 506(II) IPC and 27(1) of Arms
Act – Acquitted on 11-06-2014.
10. Cr.No. 168/13 under sections 324, 506(II) & 109 r/w 34 IPC – Pending
Trail.
11. Cr.No. 264/22 under sections 294(b), 506(ii) IPC – Pending Trail.
12. Cr.No. 83/2023 under sections 457, 380 IPC Olakkur Police Station, Tamil
Nadu – Under Investigation.
13. Cr.No. 84/2023 under sections 457, 380 IPC Tindivanam Police Station,
Tamil Nadu – Under Investigation.
PART-I ]
LA GAZETTE DE L’ETAT
1683
4. The Petitioner further, stated that the Counter Petitioner is not a law
abiding citizen and he was often violating the conditions imposed by the Court
while he was released on bail and become a source of terror among the public.
5. It is also stated in the I.R. that the Station House Officer has received
reliable information that the Counter Petitioner is desperate and is in dire need of
money to maintain his group of rowdy elements and to meet expenses in connection
with the trial in the pending criminal cases against him. He is hatching plans to
threaten the business people in the Puducherry area and extort money from them
by threatening. The Petitioner also stated that the Counter Petitioner earned
displeasure among a section of other rowdy group in the area on account of the
grudge against him and hence, rival group is also waiting opportunity to take
revenge upon him.
6. It is also stated in the I.R. that the Counter Petitioner is young and
energetic and shows his muscle power by committing offences for petty reasons.
It is further stated in the I.R. that he is very active and may commit any cognizable
offence in connection with the prevailing law and order situation in that area.
7. The Petitioner further submitted that if, the Counter Petitioner is allowed
to reside in Orleanpet Police Station limits, Puducherry, it is apprehended that he
would continue to indulge in serious offences like criminal intimidation, criminal
trespass, affray, riot, assault, obstructions and annoyance, etc., and thereby
emerged as a perennial source of threat to the community and disturb public peace
and order. Hence, the Station House Officer, Orleanpet Police Station, Puducherry,
has prayed to invoke provisions under section 144 of Cr.P.C., against the Counter
Petitioner do not to enter into the jurisdiction of this Court, for a period of two
months as to prevent danger to the human life and properties, and disturbance to
the public tranquility and order.
8. The proceeding was started by affording an opportunity to the Counter
Petitioner to show cause against the petition filed by the Petitioner. A notice was
served to both the parties on 16-11-2023 to appear for the hearing on 21-11-2023 at
10.00 a.m. and subsequent hearing on 22-11-2023. It was instructed to serve the
notice to the Counter Petitioner through the Station House Officer, Orleanpet Police
Station, Puducherry. The notice for the Counter Petitioner was received by his wife,
Tmt. T. Muthulatchumi. The service was held sufficient for the Counter Petitioner.
9. On 22-11-2023, the Petitioner represented by Thiru J. Babuji, Inspector
of Police, Orleanpet Police Station, Puducherry, was present. The Counter Petitioner
has failed to appear before the Court on hearing date.
10. I have heard the Petitioner and carefully gone through all the available
records placed before me. In the Police Information Report/Petition, it is stated that
the activities of Thiru Thamizh @ Thamizhmani (26) is in such a manner that he
may cause breach of peace and create a problem of law and order and public
tranquility. He has involved in crimes such as murder, theft, hurt cases, unlawful
activities and disturbance to the public peace and order. There are 13 criminal cases
were registered against him in the various Police Station.
11. On perusal of the records submitted by the Petitioner, I am of the
opinion that if the Counter Petitioner is allowed to reside within the limits of my
jurisdiction, the Counter Petitioner will continue to indulge in and also motivate
1684
LA GAZETTE DE L’ETAT
[ PART-I
1684
serious offences like murder, assault, damages to public and private properties,
obstructions, annoyance, etc. and thereby become a perennial source of threat to
the community and disturb public peace and order. Such situations cannot be
handled effectively by taking recourse to usual procedures contemplated by law
and hence, it is necessary that special provision under section 144 of Cr.P.C. is
invoked to take action against the Counter Petitioner to prevent harm to life and
properties of citizens and uphold public peace and order.
12. Hence, I, M. Kandasamy, do hereby, in the capacity of Subdivisional
Magistrate (North), Puducherry, in exercise of powers conferred under the section
144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitioner Thiru Thamizh @ Thamizhmani (26), son of Sundaraj, a resident of No. 71,
3rd Cross, Sakthi Nagar, Saram, Puducherry, from entering into the region under
the jurisdiction of the Subdivisional Magistrate Court (North), for a period of two
months from the date of this order or till any further orders are passed by the
Competent Authority revoking this prohibition as per law, whichever is earlier except
when you are summoned to attend the cases in any of the Courts in Puducherry.
However, the Counter Petitioner may represent against this order before the
undersigned by post or by Counsel.
At Puducherry, dated on this 22nd day of November, 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. 164/2023, I.R.No. 32/2023 under section 144 of Cr.P.C./3198
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Orleanpet Police Station,
Puducherry.
. .
Petitioner
Vs.
Thiru Mano @ Manohar (32),
S/o. Mathiazhagan,
No. 1, VIII Cross, Sakthi Nagar,
Puducherry.
. .
Counter Petitioner
This petition along with case sheet is filed by the Station House Officer,
Orleanpet Police Station, Puducherry, praying to pass orders under section 144 of
Cr.P.C., against Thiru Mano @ Manohar (32), 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
1685
2. The Counter Petitioner is Thiru Mano @ Manohar (32), son of
Mathiazhagan, a resident of No. 1, VIII Cross, Sakthi Nagar, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
submitted by the Station House Officer, Orleanpet Police Station, Puducherry,
through the Superintendent of Police (East), Puducherry vide I.R.No. 32/2023 under
section 144 of Cr.P.C., dated 08-11-2023. Therein, it has been stated that the Counter
Petitioner has formed a gang of rowdies and indulging in crimes such as murder,
arms, hurt, explosive cases and disturbance to the public tranquility and order.
It is also stated that the Counter Petitioner has created panic in the minds of local
inhabitants and he is leading lavish life with the money earned through extortion.
As a result the people of the locality being afraid of the Counter Petitioner do not
come forward to lodge any complaint against him. It is also stated that even
witnesses don’t come forward voluntarily to give evidence against him in the cases
where he is the accused. In this connection, the Petitioner had stated that the
following criminal cases were registered against the Counter Petitioner.
1. Cr.No. 196/09 under section 148 IPC and 3 (a) of Explosive Substance
Act 1908 and 3 Damage of Public Property Act 1984 r/w 149 IPC of
D’ Nagar Police Station, Puducherry – Pending Trail.
2. Cr.No. 330/09 under sections 399, 402 IPC and 27(1) of Arms Act of
D’ Nagar Police Station, Puducherry – Pending Trail in PRC No. 5/10.
3. Cr.No. 170/10 under sections 147, 148, 302 r/w 149 IPC and 3 of
Explosive Substances Act 1908 of Grand Bazaar Police Station,
Puducherry – Pending Trail.
4. Cr.No .325/11 under section 27(1) Arms Act and 506(2) r/w 34 IPC –
Pending Trail.
5. Cr.No. 377/11 under section 27(1) Arms Act and 34 B IX PP Act –
Pending Trail.
6. Cr.No. 148/2018 under sections 323, 294(b), 506(ii) r/w 34 IPC, dated
27-08-2018 – Pending Trail.
7. Cr.No. 165/2022 under section Women Missing @ 302, 201 IPC r/w 34
IPC Mudaliyarpet Police Station, Puducherry – Pending Trail.
4. The Petitioner further stated that the Counter Petitioner is not a law
abiding citizen and he was often violating the conditions imposed by the Court
while he was released on bail and become a source of terror among the public.
5. It is also stated in the I.R. that the Station House Officer has received
reliable information that the Counter Petitioner is desperate and is in dire need of
money to maintain his group of rowdy elements and to meet expenses in connection
with the trial in the pending criminal cases against him. He is hatching plans to
threaten the business people in the Puducherry area and extort money from them
by threatening. The Petitioner also stated that the Counter Petitioner earned
displeasure among a section of other rowdy group in the area on account of the
grudge against him and hence, rival group is also waiting opportunity to take
revenge upon him.
6. It is also stated in the I.R. that the Counter Petitioner is young and
energetic and shows his muscle power by committing offences for petty reasons.
It is further stated in the I.R. that he is very active and may commit any cognizable
offence in connection with the prevailing law and order situation in that area.
1686
LA GAZETTE DE L’ETAT
[ PART-I
1686
7. The Petitioner further submitted that if, the Counter Petitioner is allowed
to reside in Orleanpet Police Station limits, Puducherry, it is apprehended that he
would continue to indulge in serious offences like criminal intimidation, criminal
trespass, affray, riot, assault, obstructions and annoyance, etc., and thereby
emerged as a perennial source of threat to the community and disturb public peace
and order. Hence, the Station House Officer, Orleanpet Police Station, Puducherry,
has prayed to invoke provisions under section 144 of Cr.P.C., against the Counter
Petitioner to not to enter into the jurisdiction of this Court, for a period of two
months as to prevent danger to the human life and properties, and disturbance to
the public tranquility and order.
8. 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 21-11-2023 at
10.00 a.m. and subsequent hearing on 22-11-2023. It was instructed to serve the
notice to the Counter Petitioner through the Station House Officer, Orleanpet Police
Station, Puducherry. The notice for the Counter Petitioner was received by his
mother, Tmt. Kasthuri. The service was held sufficient for the Counter Petitioner.
9. On 22-11-2023, the Petitioner represented by Thiru J. Babuji, Inspector
of Police, Orleanpet Police Station, Puducherry, was present. The Counter Petitioner
has failed to appear before the Court on hearing date.
10. I have heard the Petitioner and carefully gone through all the available
records placed before me. In the Police Information Report/Petition, it is stated that
the activities of Thiru Mano @ Manohar (32) 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, arms, explosive cases, unlawful activities
and disturbance to the public peace and order. There are 07 criminal cases were
registered against him in various Police Stations.
11. On perusal of the records submitted by the Petitioner, I am of the
opinion that if the Counter Petitioner is allowed to reside within the limits of my
jurisdiction, the Counter Petitioner will continue to indulge in and also motivate
serious offences like murder, assault, damages to public and private properties,
obstructions, annoyance, etc., and thereby become a perennial source of threat to
the community and disturb public peace and order. Such situations cannot be
handled effectively by taking recourse to usual procedures contemplated by law
and hence, it is necessary that special provision under section 144 of Cr.P.C. is
invoked to take action against the Counter Petitioner to prevent harm to life and
properties of citizens and uphold public peace and order.
12. Hence, I, M. Kandasamy, do hereby, in the capacity of Subdivisional
Magistrate (North), Puducherry, in exercise of powers conferred under the section
144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitioner Thiru Mano @ Manohar (32), son of Mathiazhagan, a resident of No. 1,
VIII Cross, Sakthi Nagar, Puducherry, from entering into the region under the
jurisdiction of the Subdivisional Magistrate Court (North), for a period of two
PART-I ]
LA GAZETTE DE L’ETAT
1687
months from the date of this order or till any further orders are passed by the
Competent Authority revoking this prohibition as per law, whichever is earlier except
when you are summoned to attend the cases in any of the Courts in Puducherry.
However, the Counter Petitioner may represent against this order before the
undersigned by post or by Counsel.
At Puducherry, dated on this 22nd day of November, 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. 168/2023 of I.R. No. 59/2023 Under Section 144 of Cr.P.C./3194
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Ariyankuppam Police Station,
Puducherry.
. .
Petitioner
Vs.
Thiru Ajithkumar (25),
S/o. Devaraj,
No. 04, Maraimalai Adigal Street,
Chinnaveerampatinam, Puducherry.
. .
Counter Petitioner
This petition along with case sheet is filed by the Station House Officer,
Ariyankuppam Police Station, Puducherry, praying to pass orders under section
144 of Cr.P.C., against Thiru Ajithkumar (25), to prevent imminent danger to human
lives and properties, and disturbance to the public tranquility and order, in the
jurisdiction of this Court.
2. The Counter Petitioner is Thiru Ajithkumar (25), son of Devaraj, a
resident of No. 04, Maraimalai Adigal Street, Chinnaveerampatinam, 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. 59/2023
under section 144 of Cr.P.C., dated 01-07-2023. Therein, it has been stated that the
Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime
such as NDPS, theft, hurt 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
1688
LA GAZETTE DE L’ETAT
[ PART-I
1688
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. 71/2018 under section 20(b) NDPS Act r/w 8 (c) of NDPS Act,
1985 r/w 34 IPC, dated 25-05-2015 of Ariyankuppam Police Station,
Puducherry.
2. Cr.No. 102/2018 under sections 356, 379 IPC r/w 34 IPC, dated
13-07-2018 of Ariyankuppam Police Station, Puducherry.
3. Cr.No. 146/2018 under sections 143, 448, 294 (b), 427, 324, 506(ii) IPC r/w
149 IPC, dated 07-10-2018 of Ariyankuppam Police Station, Puducherry.
4. IR.No. 43/2018 under section 107 Cr.P.C., dated 21-11-2018 of
Ariyankuppam Police Station, Puducherry.
5. IR.No. 42/2019 under section 144 Cr.P.C., dated 16-03-2019 of
Ariyankuppam Police Station, Puducherry.
6. IR.No. 38/2021 under section 110 Cr.P.C., dated 03-03-2021 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. It is further, stated that the Counter
Petitioner is not a law abiding person and he has involved in various offences by
using knife to attack the victims and he has selling of ganja to youngsters. He
uses money and muscle power to evade the process of law. Further, stated that he
violated the conditions imposed by the criminal Courts and has scant respect to
the judiciary and rule of law.
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 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, the Counter Petitioner is allowed
to reside in Ariyankuppam limits, it is apprehended that he would continue to
indulge in serious offences like NDPS, theft, hurt, 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
PART-I ]
LA GAZETTE DE L’ETAT
1689
at 10.00 a.m. It was instructed to serve the notice to the Counter Petitioner through
the Station House Officer, Ariyankuppam Police Station, Puducherry. The notice
for the Counter Petitioner was received by his mother, Tmt. D. Kasthuri. The Service
was held sufficient for the Counter Petitioner.
8. On 30-11-2023, the Petitioner Thiru J. Muruganandham, Sub-Inspector,
Ariyankuppam Police Station, Puducherry and the Counter Petitioner were present.
The Learned Counsel, Thiru Manikandan, 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 Ajithkumar (25), is in such a manner that he
may cause breach of peace and create a problem of law and order and public
tranquility. He has involved in crimes such as NDPS, theft, hurt and disturbance to
the public peace and order. There are six criminal case was registered against him
in the Ariyankuppam Police Station. I have also heard the oral submissions of the
Learned Counsel for the Counter Petitioner. The Learned Counsel for the Counter
Petitioner has stated that the Petitioner has filed this false case with an ulterior
motive and prayed to dismiss this case.
10. Upon hearing both sides and on perusal of the records submitted by
the Petitioner, I am of the opinion that if, the Counter Petitioner is allowed to reside
within the limits of my jurisdiction, the Counter Petitioner will continue to indulge
in and also motivate serious offences like murder, theft, hurt, extortion, damages to
public and private properties, assault, obstructions, annoyance, etc., and thereby
become a perennial source of threat to the community and disturb public peace
and order. Such situations cannot be handled effectively by taking recourse to usual
procedures contemplated by law and hence, it is necessary that special provision
under section 144 of Cr.P.C., is invoked to take action against the Counter Petitioner
to prevent harm to life and properties of citizens and uphold public peace and order.
11. Hence, I, M. Kandasamy, do hereby in the capacity of Subdivisional
Magistrate (North), Puducherry, in exercise of powers conferred under section 144(1)
of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitioner Thiru Ajithkumar (25), son of Devaraj, a resident of No. 04, Maraimalai
Adigal Street, Chinnaveerampatinam, 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 30th day of November, 2023 pronounced in
the open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
————
1690
LA GAZETTE DE L’ETAT
[ PART-I
1690
IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 169/2023 of I.R. No. 60/2023 Under Section 144 of Cr.P.C./3191
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Ariyankuppam Police Station,
Puducherry.
. .
Petitioner
Vs.
Thiru Kaviarasan (19),
S/o. Vazhumuni,
No. 15, Water Tank Street, Manavely,
Ariyankuppam, Puducherry.
. .
Counter Petitioner
This petition along with case sheet is filed by the Station House Officer,
Ariyankuppam Police Station, Puducherry, praying to pass orders under section
144 of Cr.P.C., against Thiru Kaviarasan (19), 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 Kaviarasan (19), son of Vazhumuni, a
resident of No. 15, Water Tank Street, Manavely, 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. 60/2023
under section 144 of Cr.P.C., dated 03-07-2023. 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 were registered against the Counter
Petitioner.
1. Cr.No. 97/2021 under sections 399, 402 IPC of Ariyankuppam Police
Station, Puducherry.
2. IR.No. 24/2023 under sections 147, 148, 302 IPC r/w 149 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. It is further, stated that the Counter
Petitioner is not a law abiding person and he has involved in various offences by
PART-I ]
LA GAZETTE DE L’ETAT
1691
using aruval, knife and explosive substances to attack the victims. He uses money
and muscle power to evade the process of law. Further, stated that he violated the
conditions imposed by the criminal Courts and has scant respect to the judiciary
and rule of law.
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 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, the Counter Petitioner is allowed
to reside in Ariyankuppam limits, it is apprehended that he would continue to
indulge in serious offences like hurt, murder, 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
at 10.00 a.m. It was instructed to serve the notice to the Counter Petitioner through
the Station House Officer, Ariyankuppam Police Station, Puducherry. The notice
for the Counter Petitioner was received by his mother. The Service was held
sufficient for the Counter Petitioner.
8. On 30-11-2023, the Petitioner Thiru J. Muruganandham, Sub-Inspector,
Ariyankuppam Police Station, Puducherry, was present. The Counter Petitioner has
failed to appear before the Court on hearing date.
9. I have heard the Petitioner 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 Kaviarasan (19), 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, hurt and disturbance to the
public peace and order. There are 2 criminal cases were registered against him in
Ariyankuppam Police Station, Puducherry.
10. 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, theft, 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;
1692
LA GAZETTE DE L’ETAT
[ PART-I
1692
11. Hence, I, M. Kandasamy, do hereby in the capacity of Subdivisional
Magistrate (North), Puducherry, in exercise of powers conferred under section 144(1)
of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitioner Thiru Kaviarasan (19), son of Vazhumuni, a resident of No. 15, Water
Tank Street, Manavely, 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 30th day of November, 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. 170/2023 of I.R. No. 61/2023 Under Section 144 of Cr.P.C./3191
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Ariyankuppam Police Station,
Puducherry.
. .
Petitioner
Vs.
Thiru Annad (34),
S/o. Iyyanar,
No. 39, Sudalai Street, Manavely,
Ariyankuppam, Puducherry.
. .
Counter Petitioner
This Petition along with case sheet is filed by the Station House Officer,
Ariyankuppam Police Station, Puducherry, praying to pass orders under section
144 of Cr.P.C., against Thiru Annad (34), 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 Annad (34), son of Iyyanar, a resident
of No. 39, Sudalai Street, Manavely, 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. 61/2023
under section 144 of Cr.P.C., dated 07-07-2023. Therein, it has been stated that the
Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime
PART-I ]
LA GAZETTE DE L’ETAT
1693
such as hurt, lottery and PG act 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 were
registered against the Counter Petitioner.
1. Cr.No. 35/2017 under section 8 of PG Act of Ariyankuppam Police
Station, Puducherry.
2. IR.No. 61/2013 under section 376 IPC of Ariyankuppam Police Station,
Puducherry.
3. Cr.No. 74/2014 under sections 324, 506(ii) IPC r/w 34 IPC of
Ariyankuppam Police Station, Puducherry.
4. Cr.No. 259/2013 under section 12 of PG Act of Ariyankuppam Police
Station, Puducherry.
5. Cr.No. 89/2010 under sections 294, 323, 354 IPC r/w 34 IPC of
Ariyankuppam Police Station, Puducherry.
6. Cr.No. 101/2019 under section 107 IPC of Ariyankuppam Police Station,
Puducherry.
7. Cr.No. 28/2023 under section 5 r/w 7 (3) of Lotteries (Regulation) Act
1998 and 420, 468, 471 IPC r/w 34 IPC of Ariyankuppam Police Station,
Puducherry.
8. Cr. No. 55/2023 under section 394 IPC r/w 34 IPC of Grand Bazaar 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. It is further, stated that the Counter
Petitioner is not a law abiding person and he has involved in various offences by
using aruval, knife to attack the victims. He uses money and muscle power to evade
the process of law. Further, stated that he violated the conditions imposed by the
criminal Courts and has scant respect to the judiciary and rule of law.
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 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, the Counter Petitioner is allowed
to reside in Ariyankuppam limits, it is apprehended that he would continue to
indulge in serious offences like hurt, lottery cases, 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
1694
LA GAZETTE DE L’ETAT
[ PART-I
1694
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
at 10.00 a.m. 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 30-11-2023, the Petitioner Thiru J. Muruganandham, Sub-Inspector,
Ariyankuppam Police Station, Puducherry and the Counter Petitioner were present.
The Learned Counsel, Thiru. K. Karthikesan, 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 Annad (34), 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 lottery, hurt and disturbance to the public
peace and order. There are 8 criminal cases were registered against him in various
Police Stations. I have also heard the oral submissions of the Learned Counsel for
the Counter Petitioner. The Learned Counsel for the Counter Petitioner has stated
that the Petitioner has filed this false case with an ulterior motive and prayed to
dismiss this case.
10. Upon hearing both sides and on perusal of the records submitted by
the Petitioner, I am of the opinion that if, the Counter Petitioner is allowed to reside
within the limits of my jurisdiction, the Counter Petitioner will continue to indulge
in and also motivate serious offences like murder, theft, hurt, extortion, damages to
public and private properties, assault, obstructions, annoyance, etc., and thereby
become a perennial source of threat to the community and disturb public peace
and order. Such situations cannot be handled effectively by taking recourse to usual
procedures contemplated by law and hence, it is necessary that special provision
under section 144 of Cr.P.C., is invoked to take action against the Counter Petitioner
to prevent harm to life and properties of citizens and uphold public peace and order.
11. Hence, I, M. Kandasamy, do hereby in the capacity of Subdivisional
Magistrate (North), Puducherry, in exercise of powers conferred under section 144(1)
of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitioner Thiru Annad (34), son of Iyyanar, a resident of No. 39, Sudalai Street,
Manavely, 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 30th day of November, 2023 pronounced in
the open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
PART-I ]
LA GAZETTE DE L’ETAT
1695
IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 174/2023 of I.R. No. 68/2023 Under Section 144 of Cr.P.C./3195
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Ariyankuppam Police Station,
Puducherry.
. .
Petitioner
Vs.
Thiru Sambath @ Dhanasambath (25),
S/o. Udayakumar,
No. 28, Chinna Irusampalayam Road,
Kuppusamy Thottam, Ariyankuppam,
Puducherry.
. .
Counter Petitioner
This petition along with case sheet is filed by the Station House Officer,
Ariyankuppam Police Station, Puducherry, praying to pass orders under section
144 of Cr.P.C., against Thiru Sambath @ Dhanasambath (25), to prevent imminent
danger to human lives and properties, and disturbance to the public tranquility
and order, in the jurisdiction of this Court.
2. The Counter Petitioner is Thiru Sambath @ Dhanasambath (25), son of
Udayakumar, a resident of No. 28, Chinna Irusampalayam Road, Kuppusamy
Thottam, 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. 68/2023
under section 144 of Cr.P.C., dated 25-07-2023. Therein, it has been stated that the
Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime
such as murder, robbery, modesty of women, hurt 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 were registered against the Counter Petitioner.
1. Cr.No. 138/2019 under sections 120(b) 147, 148, 302 IPC, 3 of Explosive
substance Act r/w 149 IPC.
2. Cr.No. 132/2022 under sections 294 (b), 354 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. It is further, stated that the Counter
1696
LA GAZETTE DE L’ETAT
[ PART-I
1696
Petitioner is not a law abiding person and he has involved in various offences by
using country made bombs, aruval, knife and explosive substances to attack the
victims. He uses money and muscle power to evade the process of law. Further,
stated that he violated the conditions imposed by the criminal Courts and has scant
respect to the judiciary and rule of law.
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, the Counter Petitioner is allowed
to reside in Ariyankuppam limits, it is apprehended that he would continue to
indulge in serious offences like murder, extortion, 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 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
at 10.00 a.m. 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 30-11-2023, the Petitioner Thiru J. Muruganandham, Sub-Inspector,
Ariyankuppam Police Station, Puducherry and the Counter Petitioner were present.
9. I have heard both the sides and carefully gone through all the available
records in file placed by the Petitioner. In the Police Information Report/Petition, it
is stated that the activities of Thiru Sambath @ Dhanasambath (25), is in such a
manner that he may cause breach of peace and create a problem of law and order
and public tranquility. He has involved in crimes such as murder, explosive, hurt
and disturbance to the public peace and order. There are two criminal cases were
registered against him in the Ariyankuppam Police Stations. I have also heard the
oral submissions of the Counter Petitioner. The Counter Petitioner has stated that
the Petitioner has filed this false case with an ulterior motive and prayed to dismiss
this case.
10. Upon hearing both sides and on perusal of the records submitted by
the Petitioner, I am of the opinion that if, the Counter Petitioner is allowed to reside
within the limits of my jurisdiction, the Counter Petitioner will continue to indulge
in and also motivate serious offences like murder, extortion, damages to public and
PART-I ]
LA GAZETTE DE L’ETAT
1697
online publication at “https://styandptg.py.gov.in”
Published by the Director, Government Press, Puducherry.
private properties, assault, obstructions, annoyance, etc., and thereby become a
perennial source of threat to the community and disturb public peace and order.
Such situations cannot be handled effectively by taking recourse to usual
procedures contemplated by law and hence, it is necessary that special provision
under section 144 of Cr.P.C., is invoked to take action against the Counter Petitioner
to prevent harm to life and properties of citizens and uphold public peace and order.
11. Hence, I, M. Kandasamy, do hereby in the capacity of Subdivisional
Magistrate (North), Puducherry, in exercise of powers conferred under section 144(1)
of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitioner Thiru Sambath @ Dhanasambath (25), son of Udayakumar, a resident of
No. 28, Chinna Irusampalayam Road, Kuppusamy Thottam, 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 30th day of November, 2023 pronounced in
the open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
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