[ 419 ]

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru ARJUN RAMAKRISHNAN,

Subdivisional Magistrate (North).

M.C. No. 105/2024 of I.R. No. 10/2024 Under Section 144 of Cr.P.C./810

ORDER

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

State, Represented by the Station House Officer,

Ariyankuppam Police Station,

Puducherry.

. .

Petitioner

Vs.

Thiru Pravin @ Pravin Kumar @ Puramandai (19),

S/o. Ravikumar,

No. 12, Old Pooranankuppam Street,

Ariyankuppam, Puducherry.

. .

Counter Petitioner

Registered with the Registrar

of Newspapers for India

under No. 10410



La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - I



EXTRAORDINAIRE

EXTRAORDINARY



Publiée par

Published by



Autorité

Authority







2024 }

|

28 {

No.

Poudouchéry

Lundi

Mai

2024 (7 Jyaistha 1946)

No.

Puducherry

Monday

28th

May

2024

420

LA GAZETTE DE L’ETAT

[ PART-I

420

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 the Counter Petitioner 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 Pravin @ Pravin Kumar @ Puramandai (19),

son of Ravikumar, a resident of No. 12, Old Pooranankuppam Street, 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. 10/2024

under section 144 of Cr.P.C., dated 20-01-2024. Therein, it has been stated that the

Counter Petitioner have formed a gang of rowdies and bent upon indulging in crime

such as extortion, hurt. 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 has stated

that the following criminal cases were registered against the Counter Petitioner

1. Cr. No. 172/2023 under sections 294(b), 323, 324, 506(ii) IPC r/w 34 IPC

of Ariyankuppam Police Station, Puducherry – Under Investigation.

2. Cr. No. 178/2023 under sections 294(b), 341, 323, 324, 506(ii) IPC r/w 34

IPC

Ariyankuppam

Police

Station,

Puducherry – Under

Investigation.

3. Cr. No. 85/2023 under sections 294(b), 323, 324, 506(ii) IPC r/w 34 IPC

of Ariyankuppam Police Station, Puducherry – Under Investigation.

4. Cr. No. 143/2019 under sections 294(b), 323, 324, 506(ii) IPC r/w 34 IPC

of Reddiyarpalayam Police Station, Puducherry – Pending Trial.

4. The Petitioner further submitted that the Counter Petitioner is a

notorious rowdy element. 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 deadly weapons, i.e., aruval and knife to attack 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 have received

reliable information 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.

PART-I ]

LA GAZETTE DE L’ETAT

421

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 08-04-2024 to appear for the hearing on 12-04-2024 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 12-04-2024, the Station House Officer, 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 the Counter Petitioner 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 4 criminal cases were registered against him in

various 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.

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, 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, Arjun Ramakrishnan, 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 Pravin @ Pravin Kumar @ Puramandai (19), son of

Ravikumar, a resident of No. 12, Old Pooranankuppam Street, Ariyankuppam,

Puducherry, from entering into the region under the jurisdiction of the Subdivisional

Magistrate Court (North) until 20-04-2024 from the date of this order (in view of

the GELS–2024) 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 12th day of April, 2024, pronounced in the

open Court.

ARJUN RAMAKRISHNAN,

Subdivisional Magistrate (North).

422

LA GAZETTE DE L’ETAT

[ PART-I

422

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru ARJUN RAMAKRISHNAN,

Subdivisional Magistrate (North).

M.C. No. 114/2024 of I.R. No. 13/2024 Under Section 144 of Cr.P.C./800

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,

Reddiyarpalayam Police Station, Puducherry, praying to pass orders under section

144 of Cr.P.C., against Thiru Sappi Murugan @ Murugan, 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. 13/2024 under section 144 of Cr.P.C., dated 13-03-2024.

Therein, it has been stated that the Counter Petitioner have 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 has 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

423

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 is maintain 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,

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 08-04-2024 to appear for the hearing on 10-04-2024 at

10.00 a.m. and further, hearing on 12-04-2024. 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. Jayalakshmi. The Service was held sufficient for the Counter Petitioner.

8. On 12-04-2024, the Petitioner represented by Thiru V. Gurunathan,

Sub-Inspector, Reddiyarpalayam 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 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 was 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.

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.

424

LA GAZETTE DE L’ETAT

[ PART-I

424

11. Hence, I, Arjun Ramakrishnan, 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 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) until 20-04-2024 from the date of this order (in view of the GELS–

2024) 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 12th day of April, 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. 117/2024 of I.R. No. 20/2024 Under Section 144 of Cr.P.C./799

ORDER

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

State, Represented by the Station House Officer,

Reddiyarpalayam Police Station,

Puducherry.

. .

Petitioner

Vs.

Thiru Sathishkumar @ Sathish @ Ice (24),

S/o. Siva @ Shanmugam,

No. A-14, Mariamman Koil Street,

Pavanar Nagar, Boomiyanpet,

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 Sathishkumar @ Sathish @ Ice (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 Thiru Sathishkumar @ Sathish @ Ice (24), son of

Siva @ Shanmugam, a resident of No. A-14, Mariamman Koil 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),

PART-I ]

LA GAZETTE DE L’ETAT

425

Puducherry vide I.R. No. 20/2024 under section 144 of Cr.P.C., dated 16-03-2024.

Therein, it has been stated that the Counter Petitioner have formed a gang of

rowdies and bent upon indulging in crime such as murder, attempt to murder,

extortion, hurt, intimidation and disturbance to the public tranquility and order.

4. The Counter Petitioner has created panic in the minds of local

inhabitants and the business community in the city limit. 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. 71/2018 under sections 294(b), 324, 323, 506(ii) r/w 34 IPC, dated

30-09-2018.

2. 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.

3. Cr.No. 99/2022 under sections 147, 307, 324 IPC r/w 149 IPC @ 302 IPC

r/w 149 IPC, dated 04-08-2022 of Reddiyarpalayam Police Station,

Puducherry.

5. It is also stated in the I.R. that the Station House Officer have received

reliable information that the Counter Petitioner is a rowdy element and become a

source of terror among the public. 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,

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 08-04-2024 to appear for the hearing on 10-04-2024 at

10.00 a.m. and further, hearing on 12-04-2024. 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. Vembu. The Service was held sufficient for the Counter Petitioner.

8. On 12-04-2024, the Petitioner represented by Thiru V. Gurunathan,

Sub-Inspector, Reddiyarpalayam 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 Sathishkumar @ Sathish @ Ice is in such a manner that he

may cause breach of peace and create a problem of law and order and public

426

LA GAZETTE DE L’ETAT

[ PART-I

426

tranquility. He has involved in crimes such as murder, assault, unlawful activities

and disturbance to the public peace and order. There are 3 criminal cases were

registered against him in Reddiyarpalayam 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,

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

the section 144(1) of the Code of Criminal Procedure, pass this order and prohibit

the Counter Petitioner Thiru Sathishkumar @ Sathish @ Ice (24), son of Siva @

Shanmugam, a resident of No. A-14, Mariamman Koil Street, Pavanar Nagar,

Boomiyanpet, Puducherry, from entering into the region under the jurisdiction of

the Subdivisional Magistrate Court (North) until 20-04-2024 from the date of this

order (in view of the GELS–2024) 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 12th day of April, 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. 122/2024 of I.R. No. 27/2024 Under Section 144 of Cr.P.C./801

ORDER

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

State, Represented by the Station House Officer,

Mettupalayam Police Station,

Puducherry.

. .

Petitioner

Vs.

PART-I ]

LA GAZETTE DE L’ETAT

427

Thiru Rajesh @ Panneer Selvam (37),

S/o. Ezhumalai,

No. 395, LIG Housing Board,

Kurumbapet, Puducherry.

. .

Counter Petitioner

This petition along with Case Sheet is filed by the Station House Officer,

Mettupalayam Police Station, Puducherry, praying to pass orders under

section 144 of Cr.P.C., against the Counter Petitioner 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 Rajesh @ Panneer Selvam (37), son

of Ezhumalai, a resident of No. 395, LIG Housing Board, Kurumbapet, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case

submitted by the Station House Officer, Mettupalayam Police Station, Puducherry,

through the Superintendent of Police (North), Puducherry vide I.R. No. 27/2024

under section 144 of Cr.P.C., dated 27-03-2024. Therein, it has been stated that the

Counter Petitioner is a notorious rowdy involved in many heinous offences and is

bent upon indulging in crimes such as robbery, dacoity, rioting, burglaries, hurt

and disturbance to the public tranquility and order. The Counter Petitioner has

created panic in the minds of local inhabitants and has become a source of terror

among the public. 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

has stated that the following criminal cases were registered against the Counter

Petitioner.

1. Cr.No. 90/2022 under sections 302, 201 IPC @ 147, 148, 363, 342, 302,

201 r/w 149 IPC, dated 10-05-2022 of D’ Nagar Police Station,

Puducherry.

2. Cr.No. 174/2020 under sections 363 IPC @ 363, 294 (b), 324, 307 r/w

34 IPC, dated 06-10-2020 of Vanur Police Station, Tamil Nadu.

3. Cr.No. 5/2018 under sections 147, 148, 363, 342, 324, 506 (ii), 302 IPC

r/w 149 IPC, dated 09-01-2018 of Town Police Station, Karaikal.

4. Cr.No. 33/2014 under section 188 IPC, dated 09-03-2014 of

Mettupalayam Police Station, Puducherry.

5. Cr.No. 04/2014 under sections 356, 379 IPC r/w 34 IPC, dated 08-01-2014

of Reddiyarpalayam Police Station, Puducherry.

6. Cr.No. 97/2013 under sections 188 IPC, dated 15-10-2013 of

Mettupalayam Police Station, Puducherry.

7. Cr.No. 97/2010 under sections 147, 148, 302, 307, 326 r/w 149 IPC, dated

30-05-2010 of Mettupalayam Police Station, Puducherry.

8. Cr.No. 128/2006 under sections 25(i)(a) Arms Act, 1959, dated

09-06-2006 of Mettupalayam Police Station, Puducherry.

9. Cr.No. 46/2003 under sections 324, 323 IPC, dated 25-05-2003 of

Mettupalayam Police Station, Puducherry.

428

LA GAZETTE DE L’ETAT

[ PART-I

428

4. It is also stated in the I.R. that the Station House Officer has received

information that the Counter Petitioner is causing disturbance to the general public

by roaming in the area along with his associates in two wheelers by showing the

deadly weapon in order to create panic among the society. Further, stated that he

collects maamool from the contractors and local business man, due to his criminal

background and no one come forward to prefer complaint.

5. The petitioner further, submits that the Counter Petitioner has involved

in various body offences and he is using aruval, knife to attack the victims. He

violated the conditions imposed by the criminal Courts and has a scant respect to

the Judiciary and rule of law. The petitioner also stated that if, the Counter Petitioner

is allowed to reside in the Subdivisional Magistrate (North) 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

become a perennial source of threat to the community and disturb public peace

and order. Hence, the Station House Officer of Mettupalayam 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 so as to prevent danger to the human life and properties and

disturbance to the public tranquility and order.

6. 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 08-04-2024 to appear for the hearing on 10-04-2024. It

was instructed to serve the notice to the Counter Petitioner through the Station

House Officer, Mettupalayam Police Station, Puducherry. The notice for the Counter

Petitioner was received by his wife, Tmt. P. Kannagi. The service was held sufficient

for the Counter Petitioner.

7. On 10-04-2024, the petitioner represented by Thiru Chandrasekaran,

Sub-Inspector of Police, Mettupalayam Police Station, Puducherry, was present.

The Counter Petitioner has failed to appear before this Court on the hearing date.

8. I have heard the petitioner carefully and 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 the Counter Petitioner are in such a manner that he

may cause breach of peace and create a problem of law and order and public

tranquility. He was involved in crimes such as murder, assault, unlawful activities

and disturbance to the public peace and order. There are 9 criminal cases registered

against him in various Police Stations.

9. Upon hearing the Petitioner 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, assault, annoyance,

obstructions, damages to 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.

PART-I ]

LA GAZETTE DE L’ETAT

429

10. Hence, I, Arjun Ramakrishnan, 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 Rajesh @ Panneer Selvam (37), son of Ezhumalai, a

resident of No. 395, LIG Housing Board, Kurumbapet, Puducherry, from entering

into the region under the jurisdiction of the Subdivisional Magistrate Court (North)

until 20-04-2024 from the date of this order (in view of the GELS–2024) 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 10th day of April, 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. 123/2024 of I.R. No. 28/2024 Under Section 144 of Cr.P.C./803

ORDER

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

State, Represented by the Station House Officer,

Mettupalayam Police Station,

Puducherry.

. .

Petitioner

Vs.

Thiru Ilavarasan (38),

S/o. Vijayarangam,

No. 17, Odai Street,

Kurumbapet, Puducherry.

. .

Counter Petitioner

This petition along with Case Sheet is filed by the Station House Officer,

Mettupalayam Police Station, Puducherry praying to pass orders under section

144 Cr.P.C., against the Counter Petitioner 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 Ilavarasan (38), son of

Vijayarangam, a resident of No. 17, Odai Street, Kurumbapet, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case

submitted by the Station House Officer, Mettupalayam Police Station, Puducherry,

through the Superintendent of Police (North), Puducherry vide I.R. No. 28/2024

under section 144 of Cr.P.C., dated 27-03-2024. Therein, it has been stated that the

Counter Petitioner is a notorious rowdy element and involved in many heinous

offences and is bent upon indulging in crimes such as murder, kidnapping, dacoity,

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LA GAZETTE DE L’ETAT

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hurt and disturbance to the public tranquility and order. The Counter Petitioner

has created panic in the minds of local inhabitants and has become a source of

terror among the public. 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

has stated that the following criminal cases were registered against the Counter

Petitioner.

1. Cr. No. 175/2020 under section 364 IPC r/w 34 IPC, dated 27-11-2020 of

Mettupalayam Police Station, Puducherry.

2. Cr. No. 39/2017 under sections 147, 148, 341, 302 r/w 149 IPC, dated

07-05-2017 of Mettupalayam Police Station, Puducherry.

3. Cr. No. 09/10 under sections 324, 323, 506 (ii) r/w 34 IPC, dated

15-01-2010 of Mettupalayam Police Station, Puducherry.

4. Cr. No. 94/10 under sections 147, 148, 307, 326, 302 r/w 149 IPC, dated

30-05-2010 of Mettupalayam Police Station, Puducherry.

5. Cr. No. 25/2014 under sections 341, 365, 323, 326 342, 506(ii) IPC r/w 34

IPC, dated 03-03-2014 of Mettupalayam Police Station, Puducherry.

6. Cr. No. 27/2014 under section 188 IPC, dated 04-03-2014 of

Mettupalayam Police Station, Puducherry.

7. Cr. No. 64/2014 under section 25(i-a) of Arms Act 1959 r/w 34 IPC, dated

04-06-2014 of Mettupalayam Police Station, Puducherry.

8. Cr. No. 140/2014 under section 399 IPC of Thindivanam Police Station,

Puducherry, dated 28-03-2014.

4. The petitioner further, submits that the Counter Petitioner has involved

in various body offences and he is using aruval, knife to attack the victims. He

violated the conditions imposed by the criminal Courts and has a scant respect to

the Judiciary and rule of law. The petitioner also stated that if, the Counter Petitioner

is allowed to reside in Puducherry North limits, it is apprehended that he would

continue to indulge in serious offences like murder, robbery, 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.

5. Hence, the Station House Officer of Mettupalayam Police Station,

Puducherry, 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 so as to prevent danger to the human life and properties and

disturbance to the public tranquility and order.

6. 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 08-04-2024 to appear for the hearing on 10-04-2024. It

was instructed to serve the notice to the Counter Petitioner through the Station

House Officer, Mettupalayam Police Station, Puducherry. The notice for the Counter

Petitioner was received by his mother, Tmt. Indhumathi. The service was held

sufficient for the Counter Petitioner.

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431

7. On 10-04-2024, the petitioner represented by Thiru Chandrasekaran,

Sub-Inspector of Police, Mettupalayam Police Station, Puducherry, was present.

The Counter Petitioner has failed to appear before this Court on the hearing date.

8. I have heard the petitioner carefully and 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 the Counter Petitioner are in such a manner that he

may cause breach of peace and create a problem of law and order, and public

tranquility. He was involved in crimes such as murder, assault, unlawful activities

and disturbance to the public peace and order. There are 8 criminal cases registered

against him in various Police Stations.

9. Upon hearing the Petitioner 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, assault, annoyance,

obstructions, damages to 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.

10. Hence, I, Arjun Ramakrishnan, 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 Ilavarasan (38), son of Vijayarangam, a resident of

No. 17, Odai Street, Kurumbapet, Puducherry, from entering into the region under

the jurisdiction of the Subdivisional Magistrate Court (North) until 20-04-2024 from

the date of this order (in view of the GELS–2024) 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 10th day of April, 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. 124/2024 of I.R. No. 29/2024 Under Section 144 of Cr.P.C./805

ORDER

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

State, Represented by the Station House Officer,

Mettupalayam Police Station,

Puducherry.

. .

Petitioner

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LA GAZETTE DE L’ETAT

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432

Vs.

Thiru Iyyappan (34),

S/o. Sundaramoorthy,

No.146, Gandhi Street, Gandhi Thirunallur,

Muthirayarpalayam, Puducherry.

. .

Counter Petitioner

This petition along with Case Sheet is filed by the Station House Officer,

Mettupalayam Police Station, Puducherry, praying to pass orders under section 144

of Cr.P.C., against the Counter Petitioner 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 Iyyappan (34), son of Sundaramoorthy,

a resident of No. 146, Gandhi Street, Gandhi Thirunallur, Muthirayarpalayam,

Puducherry.

3. The facts which led up to the petition are briefly as follows: The case

submitted by the Station House Officer, Mettupalayam Police Station, Puducherry,

through the Superintendent of Police (North), Puducherry vide I.R. No. 29/2024

under section 144 of Cr.P.C., dated 28-03-2024. Therein, it has been stated that the

Counter Petitioner is a notorious rowdy involved in many heinous offences and is

bent upon indulging in crimes such as murder, attempt to murder, extortion and

disturbance to the public tranquility and order. The Counter Petitioner has created

panic in the minds of local inhabitants and has become a source of terror among

the public. 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 has stated

that the following criminal cases were registered against the Counter Petitioner.

l. Cr.No. 121/2017 under section 387 IPC r/w 34 IPC of Reddiyarpalayam

Police Station, Puducherry, dated 23-09-2017.

2. Cr.No. 112/2018 under section 20 (b) NDPS Act r/w 8 (c) of NDPS Act

1985 of Mettupalayam Police Station, Puducherry, dated 14-12-2018.

3. Cr.No. 69/2019 under sections 148, 307 IPC r/w 149 IPC r/w 34 IPC, dated

24-08-2019 of Mettupalayam Police Station, Puducherry.

4. Cr.No. 155/2020 under sections 148, 302, 120-B IPC r/w 149 IPC, dated

14-10-2020 of Mettupalayam Police Station, Puducherry.

4. It is also stated in the I.R that the Station House Officer has received

reliable information that the Counter Petitioner has been involved in heinous criminal

activities by way of threatening the local man/stranger and extorting money from

the business class people to maintain his gang/supporters. Further, stated that he

maintains a group of bad elements and engaging them into various criminal activities

for his personal gain. The Petitioner further, stated that the Counter petitioner

roamed into the area along with the criminals from Puducherry and Tamil Nadu area

in order to show his highness among the rival gang and whenever the police team

checked him about his activities, he hides his presence in order to escape from the

legal action.

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433

5. The petitioner further, submits that the Counter Petitioner has involved

in various body offences and he is using aruval, knife to attack the victims. He

violated the conditions imposed by the criminal courts and has a scant respect to

the Judiciary and rule of law. The Petitioner further, submitted that if the Counter

Petitioner is allowed to reside in Puducherry North limits, it is apprehended that he

would continue to indulge in serious offences like murder, extortion, assault,

obstructions, annoyance, damages to public and private properties, etc., and thereby

emerged as a perennial source of threat to the community and disturb public peace

and order. Hence, the Station House Officer, Mettupalayam Police Station,

Puducherry 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 of citizens and

uphold public peace and order.

6. 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 08-04-2024 to appear for the hearing on 10-04-2024. It

was instructed to serve the notice to the Counter Petitioner through the Station

House Officer, Mettupalayam Police Station, Puducherry. The notice for the Counter

Petitioner was served by affixing it at his house, due to absence of the Counter

Petitioner at his house. The service was held sufficient for the Counter Petitioner.

7. On 10-04-2024, the petitioner represented by Thiru Chandrasekaran,

Sub-Inspector of Police, Mettupalayam Police Station, Puducherry was present. The

Counter Petitioner has failed to appear before this Court on the hearing date.

8. I have heard the petitioner carefully and 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 the Counter Petitioner are in such a manner that he

may cause breach of peace and create a problem of law and order and public

tranquility. He was involved in crimes such as murder, assault, unlawful activities

and disturbance to the public peace and order. There are 4 criminal cases registered