J.Pitchandi v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 27.02.2020

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.4346 of 2020 J.Pitchandi ... Petitioner Vs.

The Inspector of Police, Vaniyampadi Police Station, Vaniyampadi, Tirupatur District. ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to consider the petitioner's representation dated on 15.02.2020 and to give adequate police protection in order to conduct the cultural program which is schedule to be held on 06.03.200 at 07.00 PM to 10.00 PM in Sri Muthumariyamman Temple is situated at Perumalpettai, Vaniyampadi Taluk, Tirupatur District. For Petitioner : Mr.D.Jagadeesan For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondent to consider the petitioner's representation dated on 15.02.2020 and to give adequate police protection to conduct the cultural program which is schedule to be held on 06.03.200 at 07.00 PM to 10.00 PM at Sri Muthumariyamman Temple which is situated at Perumalpettai, Vaniyampadi Taluk, Tirupatur District.

2. Heard the learned counsel 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 Muthumariyamman Temple" at Perumalpettai, Vaniyampadi Taluk, Tirupatur District, on 06.03.2020, however with the following conditions:- (a) The aforesaid cultural programme shall be conducted on 06.03.2020 from 07.00 p.m. to 10.00 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 stands disposed of.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar

To 1.The Inspector of Police, Vaniyampadi Police Station, Vaniyampadi, Tirupatur District.

2.The Public Prosecutor, High Court, Madras.

+1cc to M/s.D.Jagadeesan, Advocate Sr.16974 CRL.O.P.No.4346 of 2020 vsn II[co] srg 04/03/2020