R.Sankar v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :13.03.2020
CORAM
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.5961 of 2020 R.Sankar .. Petitioner Vs State rep by:
1.The Superintend of Police, Thiruvannamalai District, Thiruvannamalai.
2.The Sub-Inspector of Police, Kannamangalam Police Station, Thiruvannamalai District.
.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the second respondent to give BANDOBUST for permission to conduct the cultural programme on 13.03.2020 at 6 p.m to 11 p.m in the event of Sri.Angalaparameshwari Amman Kovil at Duvaranthal Village, Kalkuppam Post, Polur Taluk, Thiruvannamalai District based on the petitioner's representation dated 02.03.2020. For Petitioner : Mr.S.Rajanikanth For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor
O R D E R
Seeking permission to conduct cultural programme in the event of Sri.Angalaparameshwari Amman Kovil Festival at Duvaranthal Village, Kalkuppam Post, Polur Taluk, Thiruvannamalai District, the petitioner made a representation dated 02.03.2020 to the respondents. 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.
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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 Sri.Angalaparameshwari Amman Kovil Festival at Duvaranthal Village, Kalkuppam Post, Polur Taluk, Thiruvannamalai District, however with the following conditions:- (a) The cultural programme in connection with the event of Duvaranthal Village Sri.Angalaparameshwari Amman Kovil Festival at Duvaranthal Village, Kalkuppam Post, Polur Taluk, Thiruvannamalai District, shall be conducted on 13.03.2020 between 06.00 p.m. and 11.00 p.m.
(b)The petitioner shall pay a sum of Rs.10,000/- (Rupees ten thousand only) as charges, to the respondent Police and on receipt of the same, the respondent Police is directed to issue receipt and proceed further.
(c)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants. (d) Double meaning songs should not be played so as to spoil the minds of students and youths.
(e) No dance or songs, touching upon any political party or religion or community or caste shall be played. (f) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.
(g) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(h) 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 (i) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit. 2/3
(j) The respondent is directed to issue necessary permission, incorporating the above conditions.
5. With the above directions, this Criminal Original Petition stands allowed.
-s/d- Assistant Registrar True Copy Sub-Assistant Registrar tta To 1.The Superintendent of Police, Thiruvannamalai District, Thiruvannamalai.
2.The Sub-Inspector of Police, Kannamangalam Police Station, Thiruvannamalai District.
3.The Public Prosecutor, High Court, Madras.
+1 cc to Mr.S.Rajanikanth Advocate sr22424 Crl.O.P.No.5961 of 2020 aa13/03/2020 3/3