Shanmugavel Raji v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2018

CORAM

THE HONOURABLE Mr.JUSTICE M.S.RAMESH Crl.O.P.No.5317 of 2018 Shanmugavel Raji .. Petitioner Vs The State Represented by Inspector of Police, Kannankuruchi Police Station, Salem District.

.. Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.PC, praying to direct the respondent authority to give police protection and permission to conduct cultural programme (Adal Padal) at Marriamman Kovil, Temple Festival, at Chettychavdi Village, by considering the petitioner's representation dated 19.02.2018.

For Petitioner : M/S.S.Ashok Kumar For Respondent : Mr.C.Raghavan Government Advocate (Crl.side)

O R D E R

Seeking permission to conduct cultural programme in the event of Marriamman Kovil, Temple Festival, at Chettychavdi Village, the petitioner made a representation dated 19.02.2018 to the respondent. As the same has not been considered, the present criminal original petition has been filed.

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

3. 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 criminal original petition is allowed and the petitioner is permitted to conduct cultural programme , however, with the following conditions:- (a) The cultural programme in connection with the event of Marriamman Kovil, Temple Festival, at Chettychavdi Village, shall be conducted on 25.02.2018 between 06.00 p.m. and 11.00 p.m.

(b)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants. (c) Double meaning songs should not be played so as to spoil the minds of students and youths.

(d) No dance or songs, touching upon any political party or religion or community or caste shall be played.

(e) No flex boards in support of any political party or communal leader,

shall be erected at the premises of the programme. (f) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste. (g) 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 (h) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit.

(i) The respondent is directed to issue necessary protection and permission, incorporating the above conditions. 22.02.2018 Index : Yes/No AT Note : Issue order copy on 23.02.2018

M.S.RAMESH, J.

AT To

1. The Inspector of Police, Kannankuruchi Police Station, Salem District.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.5317 of 2018 22.02.2018