C.Shanmugam v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 3875 of 2019 C.Shanmugam .. Petitioner Vs The Inspector of Police, Pochampalli Police Station, Pochampalli Taluk, Krishnagiri District.

.. Respondent Prayer: Criminal Original Petitions are filed under Section 482 of Criminal Procedure Code, to direct the respondent authority to give police protection and permission to conduct cultural programme (Adal Padal Nigalchi) in the event of Sundakkapatti Village Arulmigu Sree Throwpathiamman Temple Festival at Pochampalli Taluk, Krishnagiri District on 01.03.2019 between 06.00PM to 11.00PM by considering the petitioner's representation dated 09.02.2019.

For Petitioner : Mr.A.Sathishkumar For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

Seeking permission to conduct cultural programme in the event of Arulmigu Sree Throwpathiamman Temple Festival at Sundakkapatti Village Pochampalli Taluk, Krishnagiri District, shall be on 01.03.2019, the petitioner made a representation dated 09.02.2019 to the respondents. 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. 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, this petition is allowed and the petitioner is permitted to conduct cultural programme in the event of Arulmigu Sree https://hcservices.ecourts.gov.in/hcservices/

Throwpathiamman Temple Festival at Sundakkapatti Village Pochampalli Taluk, Krishnagiri District, shall be conducted on 01.03.2019, however with the following conditions:- (a) The cultural programme in connection with the event of Arulmigu Sree Throwpathiamman Temple Festival at Sundakkapatti Village Pochampalli Taluk, Krishnagiri District, shall be conducted on 01.03.2019 between 06.00 p.m. and 10.00 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 permission, incorporating the above conditions. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mpa/lpp To 1.The Inspector of Police, Pochampalli Police Station, Pochampalli Taluk, Krishnagiri District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.A.Sathishkumar, Advocate, S.R.No.13072 Crl.O.P.No. 3875 of 2019 GJII(CO) rrs 19/02/2019 https://hcservices.ecourts.gov.in/hcservices/