B.Rajesh v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 18.02.2020
CORAM
THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.3431 of 2020 B.Rajesh ... Petitioner Vs.
1. The Superintendent of Police, Thirupattur District.
2. The Inspector of Police, Vaniyambadi Taluk Police Station, Vaniyambadi, Thirupattur District.
...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to give police protection and permission to the petitioner to conduct a Cultural program schedule to be held on 20.02.2020 at 5.00 P.M in "Sri Kaaliamman & Maariamman Temple" at Purushothamakuppam next Arunthathiyar Colony, Vaniyambadi Taluk, Thirupattur District by considering the petitioner representation dated 11.02.2020.
For Petitioner : M/s.S.Premakumari For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor
O R D E R
This petition has been filed to direct the respondent to give police protection and permission to the petitioner to conduct a Cultural program schedule to be held on 20.02.2020 at 5.00 P.M in "Sri Kaaliamman & Maariamman Temple" at Purushothamakuppam next Arunthathiyar Colony, Vaniyambadi Taluk, Thirupattur District by considering the petitioner representation dated 11.02.2020.
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 Kaaliamman & Maariamman Temple" at Purushothamakuppam next Arunthathiyar Colony, Vaniyambadi Taluk, Thirupattur District, however with the following conditions:- (a) The cultural programme in connection with the event of "Sri Kaaliamman & Maariamman Temple" shall be conducted on 20.02.2020 between 06.00 PM to 11.00 PM.
(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 respondents are directed to issue necessary permission, incorporating the above conditions. 5.With the above directions, this Criminal Original Petition stands disposed of.
s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar
To
1. The Superintendent of Police, Thirupattur District.
2. The Inspector of Police, Vaniyambadi Taluk Police Station, Vaniyambadi, Thirupattur District.
3. The Public Prosecutor, Madras High Court, Chennai.
CRL.O.P.No.3431 of 2020 AD(CO) SP(18/02/2020)