S.Chandrasekar v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2020

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.4279 of 2020 S.Chandrasekar

...Petitioner

-Vs1. The Superintendent of Police, Dharmapuri, Dharmapuri District - 636 704.

2. The Inspector of Police, Indur Police Station, Nallampalli Taluk, Dharmapuri District - 636 803. ... Respondents Prayer:

Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to issue a direction to the respondent to grant permission to perform the program of 'Adal Padal' on 06.04.2020 at about 6.00 pm to 11.00 pm at " Sri Mariamman Temple Kumbabishekam Festival " Puttukaran Thoppu Village, Nathathahalli Post, Nallampalli Taluk, Dharmapuri District and to provide police protection based on the petitioner representations dated 20.02.2020.

For Petitioner : Mr.S.Mayilnathan For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to issue a direction to the respondent to grant permission to perform the program of 'Adal Padal' on 06.04.2020 at about 6.00 pm to 11.00 pm at " Sri Mariamman Temple Kumbabishekam Festival " Puttukaran Thoppu Village, Nathathahalli Post, Nallampalli Taluk, Dharmapuri District and to provide police protection based on the petitioner representations dated 20.02.2020.

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 Mariamman Temple Kumbabishekam Festival" situated at Puttukaran Thoppu Village, Nathathahalli Post, Nallampalli Taluk, Dharmapuri District on 06.04.2020 between 6.00 pm to 11.00 pm however with the following conditions:- (a) The aforesaid cultural programme shall be conducted on 06.04.2020 from 06.00 p.m. to 11.00 p.m 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 is disposed of.

Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar Mfa

To

1. The Superintendent of Police, Dharmapuri, Dharmapuri District - 636 704.

2. The Inspector of Police, Indur Police Station, Nallampalli Taluk, Dharmapuri District - 636 803.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Mayilnathan, Advocate, S.R.No. 16450 Crl.O.P.No.4279 of 2020 JP(CO) GN(09/03/2020)