P.Kalanderan v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.5921 of 2019 P.Kalanderan .. Petitioner Vs.

1.The Superintendent of Police, Vellore, 2.The Inspector of Police, Panamadaki Police Station, Katpadi Taluk, .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the 2nd respondent to grant permission and protection to conduct cultural programme on 07.03.2019 from 7 pm to 10.30 pm at "Sri Kaliamman Temple Tidal", situated at Surankuppam Village, Angaramkuppam Post, Katpadi Taluk, Vellore District based on the petitioner's representation dated 28.02.2019.

For Petitioner : Mr.S.Raja Ravi Varma For Respondent : Mr.C.Raghavan Government Advocate (Crl.side)

O R D E R

Seeking permission to conduct cultural programme on 07.03.2019 in the event of "Sri Kaliamman Temple Tidal", situated at Surankuppam Village, Angaramkuppam Post, Katpadi Taluk, Vellore District, the petitioner made a representation dated 28.02.2019 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 respondents.

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 Kaliamman Temple Tidal", situated at Surankuppam Village, Angaramkuppam Post, Katpadi Taluk, Vellore District, however with the following conditions:- (a) The cultural programme in connection with the event of "Sri Kaliamman Temple Tidal", situated at Surankuppam Village, Angaramkuppam Post, Katpadi Taluk, Vellore District, shall be conducted on 07.03.2019 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.

5. With the above directions, this Criminal Original Petition stands allowed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rm To 1.The Superintendent of Police, Vellore,

2.The Inspector of Police, Panamadaki Police Station, Katpadi Taluk,

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Raja Ravi Varma, Advocate, S.R.No.20399 Crl.O.P.No.5921 of 2019 rrs 06/03/2019