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Madras High CourtCRL OP/3655/2020disposed of

P.Balachandran v. The Sub Inspector Of Police

2020-02-20Honourable Mr Justice P. Rajamanickam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.02.2020

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.3655 of 2020 P.Balachandran

...Petitioner

-VsThe Sub Inspector of Police, Molasi Police Station, Namakkal District.

... Respondent Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to give police protection and permission to conduct cultural programme (Adal Padal) at Patlur Post, Thiruchengode Taluk, Patlur village Sri Amman Temple Festival at Namakkal District on 11.03.2020 between 6.00 pm to 11.00 pm by considering the petitioner's representation dated 13.02.2020.

For Petitioner : Mr.P.Lakshmikanthan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to give police protection and permission to conduct cultural programme (Adal Padal) at Patlur Post, Thiruchengode Taluk, Patlur village Sri Amman Temple Festival at Namakkal District on 11.03.2020 between 6.00 pm to 11.00 pm by considering the petitioner's representation dated 13.02.2020.

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 Amman Temple Festival" situated at at Patlur Post, Thiruchengode Taluk, Namakkal District on 11.03.2020, however with the following conditions:- (a) The aforesaid cultural programme shall be conducted on 11.03.2020 between 6.00 pm to 11.00 only. (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 disposed of.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar mfa To

1. The Sub Inspector of Police, Molasi Police Station, Namakkal District.

2. The Public Prosecutor, High Court, Madras.

+1 Cc to Mr.P.Lakshmikanthan, Advocate sr 14710. Crl.O.P.No.3655 of 2020 VSNII(CO) SP(04/03/2020)