S.Lakshmanasamy, M/A 32 Yrs, v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.01.2018
CORAM:
THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.925 of 2018 S.Lakshmanasamy ..
Petitioner Vs.
State rep. by The Inspector of Police, Kundadam Police Station, Tiruppur District.
..
Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent to give police protection and permission to conducting "Cock Fight" on 16.01.2018 and 17.01.2018 at Survey No.513 A, Kethalrev Village, Dharapuram Taluk, Tiruppur District.
For Petitioner :
Mr.W.Camyles Gandhi For Respondent :
Mr.P.Kritika Kamal Government Advocate (Crl. Side)
ORDER
In identical circumstances, in an order passed in WP.31415 of 2017 dated 04.01.2017 this Court had granted direction to the police to conduct cock fighting with certain reasonable restrictions. In my view, the same conditions can be imposed, thereby directing the respondent to give protection and permission for conducting cock fight on 16.01.2018 & 17.01.2018. Accordingly, there shall be a direction to the respondent herein to permit the petitioner herein, to conduct cock fighting on 16.01.2018 & 17.01.2018 at S.No.513/A,Kethalrev Village, Dharapuram Taluk, Tiruppur District subject to the following conditions:- "(i)It is made clear that such an event shall be supervised by the first respondent as well as by the Veterinary Doctor of nearby Government Veterinary Hospital.
(ii)It is further made clear that during the course of conducting 'cock fight', there should not be any injury to be caused to the birds and the
birds should not be intoxicated, with any alcoholic substance and no knives should be tied around the legs of the birds, with the tip of the knives dipped in poisonous substances. The Veterinary Doctor shall ensure the same before the actual starting of the event.
(iii)The petitioner shall bear the expenses towards police protection as well as the expenses towards the Veterinary Doctor.
(iv)It is made clear that the organiser should take pre-cautionary measures to avoid any untoward incident while conducting the event of cock- fight. (v) Songs praising communal leader or having communal overtones should not be played.
(vi)The petitioner will ensure that no flex board or hoardings depicting particular community or leader is displayed.
(vii) All the above terms and conditions should be followed scrupulously by the petitioner and the petitioner shall file an affidavit of undertaking to the said effect before the second respondent. (viii) The petitioner volunteers to donate a sum of Rs.5,000/- (Rupees Five Thousand only) to any one of the Orphanages in the District and payment of proof shall be produced before the second respondent.
(ix) No one is allowed to enter, except the owner of the Birds which are going to participate in the event.
(x) There is a separate place allocated for the spectators.
(xii) According to the conditions, eligible birds are only allowed to participate in the event. If there is any certain objections being raised, it is taken to the concerned police office to take a decision."
It is made clear that the aforesaid conditions shall be strictly followed on the aforesaid two days and in case of any violation in these conditions, the respondent police had liberty to take action.
With the above observations, this Criminal Original Petition is disposed of.
Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar To 1.The Inspector of Police, Kundadam Police Station, Tiruppur District.
2.The Public Prosecutor, High Court, Madras.
+1cc to Mr.W.Camyles Gandhi, Advocate sr.no.2800 Crl.O.P.No.925 of 2018 nr 12/01/2018