E.Suresh v. The Deputy Superintendent Of Police,Ar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 05.02.2020
CORAM
THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.2295 of 2020 E.Suresh ... Petitioner Vs.
1.The Deputy Superintendent of Police, Arni, Tiruvannamalai District.
2.The Sub Inspector of Police, Santhavasal Police Station, Tiruvannamalai District.
...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents police to grant permission to conduct the cultural programme of Adal Padal on 09.02.2020 at Sri Kaliyamman Temple Festival, Kattipoondy Village, Kellur Post, Polur Taluk, Tiruvannamalai District pursuant to the petitioner's representation dated 22.01.2020.
For Petitioner : Mr.B.Sundarapandiyan For Respondents : Mr.M.Mohamed Riyaz, Additional Public Prosecutor
O R D E R
This petition has been filed to direct the respondents police to grant permission to conduct the cultural programme of Adal Padal on 09.02.2020 at Sri Kaliyamman Temple Festival, Kattipoondy Village, Kellur Post, Polur Taluk, Tiruvannamalai District pursuant to the petitioner's representation dated 22.01.2020.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.
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 Kaliyamman Temple Thiruvizha at Kattipoondy Village, Kellur Post, Polur Taluk, Tiruvannamalai District, however with the following conditions:- (a) The cultural programme in connection with the event of "Sri Kaliyamman Temple Thiruvizha at Kattipoondy Village, Kellur Post, Polur Taluk, Tiruvannamalai District" on 09.02.2020 between 06.00 P.M. to 11.00 P.M.
(b) The petitioner shall pay a cost of Rs.10,000/- (Rupees Ten Thousand only) to the second 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 second respondent is directed to issue necessary permission, incorporating the above conditions. 5.With the above directions, this Criminal Original Petition stands allowed.
s/d- Assistant Registrar True Copy Sub-Assistant Registrar drl
To
1. The Deputy Superintendent of Police, Arni, Tiruvannamalai District.
2. The Sub Inspector of Police, Santhavasal Police Station, Tiruvannamalai District.
3. The Public Prosecutor, Madras High Court, Chennai.
+1 CC to Mr.B.Sundarapandiyan, Advocate sr 8882. CRL.O.P.No.2295 of 2020 VSNII(CO) SP(05/02/2020)