[ 255 ]
IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru ARJUN RAMAKRISHNAN,
Subdivisional Magistrate (North).
M.C. No. 33/2024 of I.R. No. 62/2023 Under Section 144 of Cr.P.C./666
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
To
State, Represented by the Station House Officer,
Reddiyarpalayam Police Station,
Puducherry.
....
Petitioner
Vs.
Anbu @ Anbarasan (19),
S/o. Annadurai,
Salai Street,
Oulgaret,
Puducherry.
....
Counter Petitioner
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No.
55
Poudouchéry
Mardi
2
Avril
2024 (13 Chaitra 1946)
No.
Puducherry
Tuessday
2nd
April
2024
256
LA GAZETTE DE L’ETAT
[ PART-I
256
1. This petition along with case sheet is filed by Station House Officer,
Reddiyarpalayam Police Station, Puducherry, praying to pass orders under section
144 Cr.P.C., against Thiru Anbu @ Anbarasan (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 Anbu @ Anbarasan (19), S/o. Annadurai, Salai
Street, Oulgaret, 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. 62/ 2023, under section 144 of Cr. P.C., dated.
06-12-2023. Therein it has been stated that the Counter Petitioner has formed
a gang of rowdies and bent upon indulging in crime such as 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 case was
registered against the Counter Petitioner.
1.
Cr. No. 175/2023 under sections 324, 506(II) IPC r/w 34 IPC,
dated 02-09-2023 of Grand Bazar Police Station, Puducherry.
2.
Cr. No. 279/2023 under sections 294(b), 506(ii) IPC r/w 34 IPC,
dated 18-11-20238 of Orleanpet Police Station, Puducherry.
4. The Petitioner further stated that the Counter Petitioner is a rowdy
element 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 maintain the mass group of
youngsters at Srinivasan Appartment, Oulgaret 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. The Petitioner further submitted that if, Counter Petitioner is allowed
to reside in Puducherry limits, it is apprehended that he would continue to indulge
in serious offences like 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, Reddiyarpalayam Police
Station, Puducherry, has prayed to invoke provisions under section 144 Cr. P.C.,
against the Counter Petitioner do not to enter into the jurisdiction of this Court
for a period of two months as to prevent danger to the human life and properties
and disturbance to the public tranquility and order.
PART-I ]
LA GAZETTE DE L’ETAT
257
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 18-03-2024 to appear for the hearing on 22-03-2024
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.
The notice for the Counter Petitioner was received by his mother Tmt. Arayi. The
service was held sufficient for the Counter Petitioner.
8. On 22-03-2024, the Petitioner was present and 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 Anbu @ Anbarasan 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 unlawful activities and disturbance to the public peace and order.
There are two criminal cases were registered against him in various Police
Stations.
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 Arjun Ramakrishnan, 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 Anbu @ Anbarasan (19),s/o. Annadurai,Salai
Street, Oulgaret, 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 22nd day of March, 2024 pronounced in the
open Court.
ARJUN RAMAKRISHNAN,
Subdivisional Magistrate (North).
————
258
LA GAZETTE DE L’ETAT
[ PART-I
258
IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru ARJUN RAMAKRISHNAN,
Subdivisional Magistrate (North).
M.C. No. 35/2024 of I.R. No. 01/2024 Under Section 144 of Cr.P.C./667
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
To
State, Represented by the Station House Officer,
Reddiyarpalayam Police Station,
Puducherry.
....
Petitioner
Vs.
Lokesh @ Lokeshwaran (22),
S/o. Saravanan,
No. 16, New Street,
Pavazha Nagar,
Puducherry.
....
Counter Petitioner
This petition along with case sheet is filed by Station House Officer,
Reddiyarpalayam Police Station, Puducherry, praying to pass orders under section
144 of Cr. P.C. against Thiru. Lokesh @ Lokeshwaran (22), 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 Lokesh @ Lokeshwaran (22), s/o. Saravanan,
No. 16, New Street, Pavazha Nagar, 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. 01/2024, under section 144 of Cr. P.C, dated 22-01-2024.
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 case was
registered against the Counter Petitioner.
1.
Cr. No. 253/2023, under sections 120(b), 147, 148, 341, 302 IPC
of Kottakuppam Police Station, Tamil Nadu.
4. The Petitioner further stated that the Counter Petitioner is a rowdy
element and become a source of terror among the public.
PART-I ]
LA GAZETTE DE L’ETAT
259
5. It is also stated in the I.R that the Station House Officer has received
reliable information that the Counter Petitioner is maintain the mass group of
youngsters at Pavanar Nagar, Reddiyarpalayam 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 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.
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 18-03-2024 to appear for the hearing on 22-03-2024
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 22-03-2024, the Petitioner was present and 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 Lokesh @ Lokeshwaran (22) 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 is one criminal case was registered against him in
Kottakuppam Police Station.
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,
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 Arjun Ramakrishnan, 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 Lokesh @ Lokeshwaran (22), s/o. Saravanan,
No. 16, New Street, Pavazha Nagar, Puducherry, from entering into the region
260
LA GAZETTE DE L’ETAT
[ PART-I
260
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 22nd day of March, 2024 pronounced in the
open Court.
ARJUN RAMAKRISHNAN,
Subdivisional Magistrate (North).
————
IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru ARJUN RAMAKRISHNAN,
Subdivisional Magistrate (North).
M.C. No. 45/2024 of I.R. No. 09/2024 Under Section 144 of Cr.P.C./663
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
To
State, Represented by the Station House Officer,
Thavalakuppam Police Station,
Puducherry.
....
Petitioner
Vs.
Sabarinathan @ Sabari (23),
s/o. Sakthivel,
No. 48, Angalamman Koil Street,
Pooranankuppam,
Puducherry.
....
Counter Petitioner
This petition along with case sheet is filed by the Station House Officer,
Thavalakuppam Police Station, Puducherry, praying to pass orders under section
144 of Cr. P.C. against Thiru Sabarinathan @ Sabari (23), 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 Sabarinathan @ Sabari (23), s/o Sakthivel,
No. 48, Angalamman Koil Street, Pooranankuppam, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
submitted by the Station House Officer, Thavalakuppam Police Station,
Puducherry, through the Superintendent of Police (South), Puducherry vide I.R.
No. 09/2024, under section 144 of Cr. P.C. dated 25-02-2024. Therein, it has
been stated that the Counter Petitioner has formed a gang of rowdies and indulging
in crimes such as murder, hurt cases and disturbance to the public tranquility and
order. It is also stated that the Counter Petitioner has created panic in the minds
PART-I ]
LA GAZETTE DE L’ETAT
261
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. 02/2021, under sections 143, 148, 307, 323, 324 IPC r/w
149 IPC @ 120(b), 148, 302 r/w 149 IPC of Thavalakuppam Police
Station, Puducherry, dated 01-01-2021.
2.
I.R. No. 80/2021, under section 144 of Cr. P.C., dated 11-06-2021.
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 Thavalakuppam Police Station limits, it is apprehended that
he would continue to indulge in serious offences like murder, attempt to murder
and damages to public and private properties, 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, Thavalakuppam
Police Station has prayed to invoke provisions u/s 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 20-03-2024 to appear for the hearing on 21-03-2024
at 10.00 a.m. It was instructed to serve the notice to the Counter Petitioner
through the Station House Officer, Thavalakuppam Police Station, Puducherry. The
notice for the Counter Petitioner was received by his mother, Tmt. Saraswathi.
The service was held sufficient for the Counter Petitioner.
262
LA GAZETTE DE L’ETAT
[ PART-I
262
9. On 21-03-2024, the Petitioner, Thavalakuppam 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 Sabarinathan @ Sabari (23), 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 02 criminal cases were registered against him in
Thavalakuppam Police Station, Puducherry.
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 Arjun Ramakrishnan, 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 Sabarinathan @ Sabari (23), s/o. Sakthivel,
No. 48, Angalamman Koil Street, Pooranankuppam, Puducherry, from entering into
the region under the jurisdiction of the Subdivisional Magistrate Court (North)
for a period of two months from the date of this Order or till any further orders
are passed by the Competent Authority revoking this prohibition as per law,
whichever is earlier except when you are summoned to attend the cases in any of
the Courts in Puducherry.
Howecer, the Counter Petitioner may represnted against this order before
the undersigned by post or by Counsel.
At Puducherry, dated on this 21st day of March, 2024 pronounced in the
open Court.
ARJUN RAMAKRISHNAN,
Subdivisional Magistrate (North).
————
PART-I ]
LA GAZETTE DE L’ETAT
263
IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru ARJUN RAMAKRISHNAN,
Subdivisional Magistrate (North).
M.C. No. 60/2024 of I.R. No. 35/2023 Under Section 144 of Cr.P.C./664
ORDER
(UNDER SECTION 144 OF Cr. P.C.)
To
State, Represented by the Station House Officer,
Orleanpet Police Station,
Puducherry.
....
Petitioner
Vs.
Mano @ Manohar (32),
S/o. Mathiazhagan,
No. 1, VIII Cross,
Sakthi Nagar,
Puducherry.
....
Counter Petitioner
1. This petition along with case sheet is filed by the Station House
Officer, Orleanpet Police Station, Puducherry, praying to pass orders under
section 144 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.
2. The Counter Petitioner is Mano @ Manohar (32), s/o Mathiazhagan,
No. l, 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. 35/2023,
under section 144 of Cr. P.C., dated 08-11-2023. Therein it has been stated that
the Counter Petitioner have 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 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. 196/09 under sections 148 IPC and 3 (a) of Explosive
Substance Act 1908 and 3 Damage of Puplic Property Act 1984 rw
149 IPC of ‘D’ Nagar Police Station.—Pending Trail.
2.
Cr. No. 330/09 under sections 399, 402 IPC and 27(1) of Arms
Act of ‘D’ Nagar Police Station.—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.—Pending Trail.
264
LA GAZETTE DE L’ETAT
[ PART-I
264
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.—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 had 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, 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 has prayed to invoke provisions u/s
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 18-03-2024 to appear for the hearing on 21-03-2024 at
10.00 a.m. 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 21-03-2024, the Petitioner, and the Counter Petitioner were present.
10. I have heard both the sides and carefully gone through all the
available records in file placed by the Petitoner.
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 case was
registered against him in various Police Stations.
PART-I ]
LA GAZETTE DE L’ETAT
265
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 Arjun Ramakrishnan, 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 Mano @ Manohar (32), s/o. Mathiazhagan,
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
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.
Howecer, the Counter Petitioner may represnted against this order before
the undersigned by post or by Counsel.
At Puducherry, dated on this 21st day of March, 2024 pronounced in the
open Court.
ARJUN RAMAKRISHNAN,
Subdivisional Magistrate (North).
———
IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru ARJUN RAMAKRISHNAN,
Subdivisional Magistrate (North).
M.C. No. 63/2024 of I.R. No. 47/2023 Under Section 144 of Cr.P.C./665
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
To
State, Represented by the Station House Officer,
Orleanpet Police Station,
Puducherry.
....
Petitioner
Vs.
Joel @ Joel Sandanassamy (24),
S/o. Periyanayagam,
No. 43, III Cross, Kennedy Nagar,
Orleanpet, Puducherry.
....
Counter Petitioner
266
LA GAZETTE DE L’ETAT
[ PART-I
266
1. This petition along with case sheet is filed by the Station House
Officer, Orleanpet Police Station, Puducherr, praying to pass orders under section
144 of Cr. P.C., against Thiru Joel @ Joel Sandanassamy (24), to prevent
imminent danger to human lives and properties and disturbance to the public
tranquility and order, in the jurisdiction of this Court.
2. The Counter Petitioner is Joel @ Joel Sandanas samy (24),
s/o. Periyanayagam, No. 43, III Cross, Kennedy 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 (South), Puducherry vide LR. No. 47/2023,
under section 144 of Cr. P.C., dated 17-11-2023. Therein it has been stated that
the Counter Petitioner have formed a gang of rowdies and indulging in crimes
such as murder, explosive 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.lt 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. 167/17 under section 160 IPC—Pending Trail.
2.
Cr. No. 213/18 under sections 294(b), 323, 324, 506(ii) r/w 34
IPC, dated 29-10-2018 of Orleanpet Police Station.—Pending Trail.
3.
Cr. No.38/2020 under section 20(b) r/w 8(c) of NDPS Act and 77 of
JJ Act of Mudaliarpet Police Station, dated 21-02-2020.—Pending Trail.
4.
Cr. No. 877/2020 under section 399 IPC of Kottakuppam Police
Station, dated 08-06-2020.—Pending Trail.
5.
Cr. No. 127/2022 under section 324, 506 (ii) IPC, dated 16-06-2022.
—Pending Trail.
6.
Cr. No. 141/2023 under section 5 of Explosive act and 25 (1) (A)
of Arms act, dated 11-07-2023 of Mudaliarpet Police Station.
—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 had 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.
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267
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, it is apprehended that he
would continue to indulge in serious offences like murder, extortion, damages
to the public and private properties, 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 18-03-2024 to appear for the hearing on 21-03-2024
at 10.00 a.m. 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 21-03-2024, the Petitioner, 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 Joel @ Joel Sandanasamy (24), is in such a manner that he may cause
breach of peace and create a problem of law and order and public tranquility.
He has involved in crimes such as explosive case, unlawful activities and
disturbance to the public peace and order. There are 6 criminal case 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 Arjun Ramakrishnan, 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 Joel @ Joel Sandanassamy (24),
268
LA GAZETTE DE L’ETAT
[ PART-I
268
s/o. Periyanayagam, No. 43, III Cross, Kennedy 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.
Howecer, the Counter Petitioner may represnted against this order before
the undersigned by post or by Counsel.
At Puducherry, dated on this 21st day of March, 2024 pronounced in the
open Court.
ARJUN RAMAKRISHNAN,
Subdivisional Magistrate (North).
———.
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