D.Balakrishnan, Aged 37 Years, v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.02.2018

CORAM

THE HONOURABLE Mr.JUSTICE M.S.RAMESH Crl.OP.No.4687 of 2018 D. Balakrishnan .. Petitioner Vs The Inspector of Police Palacode Police Station, Dharmapuri District.

.. Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.PC, directing the Respondent authority to give police protection and permission to conduct cultural programme (Adal Padal) Sri Puthure Maariamman festival at Sri Meltheru Sengaliamman Kovil, Palacode Taluk and Post, Dharmapuri District by considering the petitioner's representation dated 05.02.2018 and pass orders.

For Petitioner : Mr.R.Ramesh Raja For Respondent : Mr.C.Raghavan Government Advocate(CRL side)

O R D E R

Seeking permission to conduct cultural programme in the event of ri Puthure Maariamman festival at Sri Meltheru Sengaliamman Kovil, Palacode Taluk and Post, Dharmapuri District , the petitioner made a representation dated 05.02.2018 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 Meltheru Sengaliamman Kovil, Palacode Taluk and Post, Dharmapuri District, 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. 16/02/2018 -s/d- Assistant Registrar(CCC) *Corrected as per order of this court dated 27/02/2018 made in CRL.OP.NO.4687/2018 -s/dAssistant Registrar(CS VII) True Copy Sub-Assistant Registrar

smn To be substituted to the order already despatched To:

1.The Inspector of Police on 23/02/2018 Palacode Police Station, Dharmapuri District *2.The Public Prosecutor High Court, Madras.

+1 CC to Mr.R.Ramesh Raja, advocate sr *14854. Crl.OP.No.4687 of 2018 SP(22/02/2018) nr 27/02/2018