[ 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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55

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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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