M.C. No. 08/2024, I.R.No. 16/2024 Under Section 144 of Cr.P.C.

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No. 70 Poudouchéry Mercredi 24 Avril 2024 (4 Vaisakha 1946)

No. Puducherry Wednesday 24th April 2024

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (SOUTH)

AT VILLIANUR

Present : Thiru SOMA SEKHAR APPARAO KOTARU, I.A.S., Subdivisional Magistrate (South).

M.C. No. 08/2024, I.R.No. 16/2024 Under Section 144 of Cr.P.C.

ORDER

(UNDER SECTION 144 OF Cr.P.C.)

To

Thiru Kumaran (42), S/o. Sadasivam, Veeran Koil Street, Komandhamedu, Bahour Commune, Puducherry.

Whereas, it has been made to appear to me that you have trivial and scant respect to the judiciary and rule of law and are involved in various offences against public tranquility, offences affecting property and human body and that you have become a perennial source of threat to the community, public peace and order;

And whereas, I am convinced of your involvement in criminal cases under– 1. Cr.No. 125/2015 under sections 41(a), 41(A) of Transport Act.

2. Cr.No. 918/2016 under sections 41(a), 14(A) of Transport Act.

3. Cr.No. 1021/2017 under sections 41(aaa), 41(A) of TNP Act.

4. Cr.No. 106/2020 under sections 41(a), 41(A) of Transport Act.

5. Cr.No. 146/2023 under sections 41 (a), 41 (A) TNP Act.

and your vengeful acts along with your accomplices against your opponents have created panic in the minds of the people;

And whereas, the Station House Officer, Bahour Police Station, Puducherry, has filed a case against you vide I.R.No. 16/2024 under section 144 of Cr.P.C., dated 03-04-2024. It is stated by the Station House Officer, Bahour Police Station, Puducherry, that you are indulging in crime such as transportation and selling of illicit arrack to the nearby Cuddalore District and the areas adjoining the border of Puducherry and also causing disturbance to the public tranquility and order. In connection with the impending election, you may pose a threat to the conduct of election in peaceful manner;

And whereas, summon was served for your appearance on 17-04-2024 to file your explanation/objection as to why the Subdivisional Magistrate (South), Villianur, Puducherry, should not order to prevent you from entering into the South region under section 144 (3) of Cr.P.C., and you failed to appear before this Court and hence, the case is decided ex parte under section 144(2) of Cr.P.C., in the view of urgency of the matter;

And whereas, based on the report laid before me, I am of the opinion that if, you are allowed to reside within the limits of this jurisdiction, you will continue to indulge in and also motivate serious offences and causing disturbance to the public tranquility and order, 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 you to prevent harm to life and properties of citizens and uphold public peace and order; your presence is a threat to public tranquility in Puducherry District and therefore, an immediate action is required for curtailing your illegal activities in the locality;

Now, therefore, based on the reasons stated above, I, Soma Sekhar Apparao Kotaru, I.A.S., Subdivisional Magistrate (South), Puducherry, in exercise of powers conferred under Code of Criminal Procedure, do hereby prohibit you under section 144 of Cr.P.C., from entering into the Subdivisional Magistrate Court (South) Jurisdiction for fifteen days 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, you may appear either in person or by Pleader before the undersigned to represent against the order.

At Villianur, dated on this 17th day of April 2024.

SOMA SEKHAR APPARAO KOTARU, I.A.S., Subdivisional Magistrate (South).