A.Prakash v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 25.02.2019
CORAM
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 4969 of 2019 A.Prakash .. Petitioner Vs.
The Inspector of Police, Tiruchengode Rural Police Station, Karattupalayam, Namakkal District.
.. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent authority to give police protection and permission to conduct Cultural Programme (Aadal Padal Nigalchi) in the event of Narayanampalayam Arulmigu Sree Karumariamman Temple Festival at Tiruchengode Taluk, Namakkal District on 02.03.2019 between 6.00 p.m. to 11.00 p.m. by considering the petitioner's representation dated 19.02.2019.
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 on 02.03.2019, in the event of Narayanampalayam Village Arulmigu Sree Karumariamman Temple Festival at Tiruchengode Taluk, Namakkal District, the petitioner made a representation dated 19.02.2019 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.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 Narayanampalayam Village Arulmigu Sree Karumariamman Temple Festival at Tiruchengode Taluk, Namakkal District, however with the following conditions:- (a) The cultural programme in connection with the event of Narayanampalayam Village Arulmigu Sree Karumariamman Temple Festival at Tiruchengode Taluk, Namakkal District, shall be conducted on 02.03.2019 between 6.00 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.
5. With the above directions, this Criminal Original Petition stands allowed.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar rri To 1.The Inspector of Police, Tiruchengode Rural Police Station, Karattupalayam, Namakkal District.
2.The Public Prosecutor, High Court, Madras.
+1cc to Mr.A.Sathishkumar, Advocate, S.R.No.17553 Crl.O.P.No.4969 of 2019 SJ(CO) GSP(26/02/2019)