C.Kandasamy v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.01.2020
CORAM
THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.1266 of 2020 G.Kandasamy ... Petitioner Vs.
1.The Superintendent of Police, Tirupattur District.
2.The Inspector of Police, Taluk Police Station, Tirupattur, Tirupattur District.
... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue direction to the respondents to give police protection and permission to the petitioner to conduct a Cultural Programmed schedule to be held on 24.01.2020 in "Sri Ongaliamman Temple", at 6.00 P.M in Raachamangalam Village, Tirupattur, Taluk, Tirupattur District by considering the petitioner representation dated 19.01.2020. For Petitioner : Mrs.S.Premakumari For Respondents : Mr.M.Mohamed Riyaz Addl. Public Prosecutor * * * * *
O R D E R
This petition has been filed to issue direction to the respondents to give police protection and permission to the petitioner to conduct a Cultural Programmed schedule to be held on 24.01.2020 in "Sri Ongaliamman Temple", at 6.00 P.M in Raachamangalam Village, Tirupattur, Taluk, Tirupattur District by considering the petitioner representation dated 19.01.2020.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
3. The learned Additional Public Prosecutor, on instructions, would submit that there is likelihood of arising law and order problem.
4. A mere apprehension cannot be a ground to reject the representation. There is absolutely no material before this Court to hold that there will be a law and order problem in the
event of permission being granted. In such view of the matter, the petitioner is permitted to conduct cultural programme in the event of "Sri Ongaliamman Temple", Raachamangalam Village, Tirupattur, Taluk, Tirupattur District", however with the following conditions:- (a) The cultural programme in connection with the event of "Sri Ongaliamman Temple", Raachamangalam Village, Tirupattur, Taluk, Tirupattur District, on 24.01.2020 between 06.00 PM and 11.00 PM.
(b) The petitioner shall pay a cost of Rs.10,000/- (Rupees Ten Thousand only) to the 2nd respondent police towards police protection.
(c)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants. (d) Double meaning songs should not be played so as to spoil the minds of students and youths.
(e) No dance or songs, touching upon any political party or religion or community or caste shall be played. (f) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.
(g) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(h) If there is violation of any one of the conditions imposed, the concerned police officer is at liberty to take necessary action, as per law and stop such performance forthwith; and (i) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit. (j) The 2nd respondent is directed to issue necessary permission, incorporating the above conditions. 5.With the above directions, this Criminal Original Petition stands allowed.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar dna/dsa To 1.The Superintendent of Police, Tirupattur District.
2.The Inspector of Police, Taluk Police Station, Tirupattur, Tirupattur District.
3.The Public Prosecutor, Madras High Court, Chennai.
CRL.O.P.No.1266 of 2020 A.SK(23/01/2020)