V.S.Sathish Kumar v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 28.01.2020

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.1719 of 2020 V.S.Sathish Kumar ... Petitioner Vs.

1. The Superintendent of Police, Namakkal, Namakkal District.

2. The Inspector of Police, Pallipalayam Police Station, Namakkal District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent to give the Bandobust for permission to conduct the cultural programme on 04.02.2020 in the event of Arulmigu Sri Mariamman Thirukoil at Vediarasampalayam, Pallipalayam Agraharam, Tiruchengode, Namakkal - 638006 between 09.00 PM to 12.00 AM based on the petitioner's representation dated 23.01.2020. For Petitioner : Mr.R.Gopinath For Respondents : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

This petition has been filed to direct the second respondent to give the Bandobust for permission to conduct the cultural programme on 04.02.2020 in the event of Arulmigu Sri Mariamman Thirukoil at Vediarasampalayam, Pallipalayam Agraharam, Tiruchengode, Namakkal - 638006 between 09.00 PM to 12.00 AM based on the petitioner's representation dated 23.01.2020.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

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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 Arulmigu Sri Mariamman Thirukoil at Vediarasampalayam, Pallipalayam Agraharam, Tiruchengode, Namakkal - 638006, however with the following conditions:- (a) The cultural programme in connection with the event of Arulmigu Sri Mariamman Thirukoil at Vediarasampalayam, Pallipalayam Agraharam, Tiruchengode, Namakkal - 638006 shall be conducted on 04.02.2020 between 06.00 PM to 11.00 AM . (b) The petitioner shall pay a cost of Rs.10,000/- (Rupees Ten Thousand only) to the 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 respondent is directed to issue necessary permission, incorporating the above conditions. 5.With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(C.S.III) /True Copy/ Sub Assistant Registrar 2/3

To

1. The Superintendent of Police, Namakkal, Namakkal District.

2. The Inspector of Police, Pallipalayam Police Station, Namakkal District.

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

+1 cc to M/s.R.Gopinath,Advocate Sr.No. 6244 AKM/30.01.2020/3P- 5C / CRL.O.P.No.1719 of 2020 3/3