M.Sampathkumar v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 04.03.2019
CORAM
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 5651 of 2019 M.Sampathkumar .. Petitioner Vs State Rep. by The Sub-Inspector of Police, Vellithiruppur Police Station, Erode District.
.. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent to grant permission and police protection to conduct the cultural event viz., Adal Padal (Song and Dance) program to be held on 06.03.2019 at 7.00 pm onwards in connection with the Temple Festival Committee in Arulmigu Mariamman Swamy Thirukovil, Pommanpatti Village, Anthiyur Taluk, Erode District by considering the petitioner's representation dated 25.02.2019.
For Petitioner : Mr.S.Sathish 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 Mariamman Swamy Thirukovil Festival at Pommanpatti Village, Anthiyur Taluk, Erode District, the petitioner made a representation dated 25.02.2019 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, this petition is allowed and the petitioner is permitted to conduct cultural programme in the event of Arulmigu Mariamman Swamy Thirukovil Festival at https://hcservices.ecourts.gov.in/hcservices/
Pommanpatti Village, Anthiyur Taluk, Erode District however with the following conditions:- (a) The cultural programme in connection with the event of Arulmigu Mariamman Swamy Thirukovil Festival at Pommanpatti Village, Anthiyur Taluk, Erode District shall be conducted on 06.03.2019 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(CS) //True Copy// Sub Assistant Registrar ssr/kas To
1. The Sub-Inspector of Police, Vellithiruppur Police Station, Erode District.
2. The Public Prosecutor, High Court, Madras.
+1cc to Mr.S.Sathish , Advocate SR.No. 19639 Crl.O.P.No. 5651 of 2019 A.SK(05/03/2019) https://hcservices.ecourts.gov.in/hcservices/