R.Gunasekaran 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.1253 of 2020 R.Gunasekaran ... Petitioner Vs.

1.The Superintendent of Police, Krishnagiri, Krishnagiri District-635001.

2.The Inspector of Police, Pochampalli Police Station, Pochampalli Taluk, Krishnagiri District-635206.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue a direction to the respondents to grant permission to perform the programme of 'Adal Padal' on 27.01.2020 at about 7.00 p.m to 12.00 p.m at "Sri Murugan Temple Festival", Kurinjigangaipuram Village, Balethottam Post, Pochampalli Taluk, Krishnagiri District and to provide adequate police protection based on petitioner representation dated 19.01.2020.

For Petitioner : Mr.S.Mayilnathan For Respondents : Mr.M.Mohamed Riyaz Addl. Public Prosecutor * * * * *

O R D E R

This petition has been filed to issue a direction to the respondents to grant permission to perform the programme of 'Adal Padal' on 27.01.2020 at about 7.00 p.m to 12.00 p.m at "Sri Murugan Temple Festival", Kurinjigangaipuram Village, Balethottam Post, Pochampalli Taluk, Krishnagiri District and to provide adequate police protection based on 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 Murugan Temple Festival", Kurinjigangaipuram Village, Balethottam Post, Pochampalli Taluk, Krishnagiri District", however with the following conditions:- (a) The cultural programme in connection with the event of "Sri Murugan Temple Festival", Kurinjigangaipuram Village, Balethottam Post, Pochampalli Taluk, Krishnagiri District, on 27.01.2020 between 07.00 PM to 12.00 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) //True Copy// Sub Assistant Registrar dna/dsa

To 1.The Superintendent of Police, Krishnagiri, Krishnagiri District-635001.

2.The Inspector of Police, Pochampalli Police Station, Pochampalli Taluk, Krishnagiri District-635206.

3.The Public Prosecutor, Madras High Court, Chennai.

+1cc to Mr.S.Mayilnathan , Advocate SR.No. 4720 CRL.O.P.No.1253 of 2020 A.SK(24/01/2020)