P.Baskar (25) v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2018

CORAM

THE HONOURABLE Mr.JUSTICE M.S.RAMESH Crl.OP.No.8666 of 2018 P.Baskar .. Petitioner Vs

1. The Superintendent of Police, Vellore, Vellore District.

2. The Inspector of Police, Katpadi Police Station, Katpadi Taluk, Vellore District - 632 006.

.. Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.PC, to direct the first and second respondent to consider and pass orders on the application dated 06.03.2018 made by the petitioner which the time frame as may be fixed by the Hon'ble Court, much before the fxed program which is to be held on 26.03.2018.

For Petitioner : M/S.S.Mayilnathan For Respondents: Mr.V.Saratha Devi Government Advocate (Crl Side)

O R D E R

Seeking permission to conduct cultural programme in the event of Sri Ramar Temple Rama Navami Festival" Jabrapettai Village, Katpadi Taluk, Vellore District, the petitioner made a representation dated 06.03.2018 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 respondents.

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 Ramar Temple Rama Navami Festival" Jabrapettai Village, Katpadi Taluk, Vellore District, shall be conducted on 26.03.2018 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 respondents are directed to issue necessary protection and permission, incorporating the above conditions. Sd/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar smn

To

1. The Superintendent of Police, Vellore, Vellore District.

2. The Inspector of Police, Katpadi Police Station, Katpadi Taluk, Vellore District - 632 006

3. The Public Prosecutor, High Court,Madras.

+ 1 cc to MR. S. Mayilnathan, Advocate Sr.21314 Crl.OP.No.8666 of 2018 (CS-DR) EU(26/03/2018)