S.Udayakumar, S/O.Subramani, v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.02.2018
CORAM
THE HONOURABLE Mr.JUSTICE M.S.RAMESH Crl.O.P.No.5516 of 2018 S.Udaya Kumar .. Petitioner Vs
1. The Superintendent of Police, Salem District, Salem.
2. The Inspector of Police, Kolathur Police Station, Kolathur, Salem District.
.. Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.PC, praying to direct the 2nd respondent authority to give police protection and permission to conduct cultural programme (Adal Padal) at Sri Chettiyur Sakthi Mariamman Koil Chettiyur Post, Kolathur (Via), Mettur (Taluk), Salem District - 636 303 by considering the petitioner's representation dated 16.02.2018. For Petitioner : M/S.R.Gopinath For Respondents : Mr.C.Raghavan Government Advocate (Crl.side) * * * * *
O R D E R
Seeking permission to conduct cultural programme in the event of Sri Chettiyur Sakthi Mariamman Koil Chettiyur Post, Kolathur (Via), Mettur (Taluk), Salem District - 636 303, the petitioner made a representation dated 16.02.2018
to the respondent. 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. 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 criminal original petition is allowed and the petitioner is permitted to conduct cultural programme , however, with the following conditions:- (a) The cultural programme in connection with the event of Sri Chettiyur Sakthi Mariamman Koil Chettiyur Post, Kolathur (Via), Mettur (Taluk), Salem District - 636 303, shall be conducted on 28.02.2018 between 06.00 p.m. and 11.00 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 protection and permission, incorporating the above conditions. 22.02.2018 Index : Yes/No AT Note : Issue order copy on 26.02.2018
M.S.RAMESH, J.
AT To
1. The Superintendent of Police, Salem District, Salem.
2. The Inspector of Police, Kolathur Police Station, Kolathur, Salem District.
3. The Public Prosecutor, High Court, Madras.
Crl.O.P.No.5516 of 2018 22.02.2018