P.Prakash v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.03.2019
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6744 of 2019 P.Prakash ... Petitioner /Vs/ The Inspector of Police, Thiruchengode Rural Police Station, Namakkal District.
... Respondent PRAYER:- Criminal Original Petition filed under section 482 of Cr.P.C., to direct the respondent authority to give police protection and permission to conduct the cultural programme (Adal Padal) at Prithithottipalayam, Pannerkuthipalayam Post, Tiruchengode Taluk, Sri Sakthi Mariamman Temple Festival at Namakkal District on 28.03.2019 by considering the petitioner's representation dated 06.03.2019. For Petitioner : Mr.Lakshmikanthan For Respondent : Mr.C.Raghavan, Government Advocate (Crl. Side).
O R D E R
Seeking permission to conduct cultural programme in the event of Sri Sakthi Mariamman Temple Festival at Prithithottipalayam, Pannerkuthipalayam Post, Tiruchengode Taluk, Namakkal District, shall be conducted on 28.03.2019, the petitioner made a representation dated 06.03.2019 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 Government Advocate (Crl.Side) appearing for the respondent.
3. The learned Government Advocate (Crl.Side), 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 Sakthi Mariamman Temple Festival at Prithithottipalayam, Pannerkuthipalayam Post, Tiruchengode Taluk, Namakkal District, shall be conducted on 28.03.2019, however with the following conditions:- (a) The cultural programme in connection with the event of Sri Sakthi Mariamman Temple Festival at Prithithottipalayam, Pannerkuthipalayam Post, Tiruchengode Taluk, Namakkal District, shall be conducted on 28.03.2019, 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. mpa/lpp Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar
To
1. The Inspector of Police, Thiruchengode Rural Police Station, Namakkal District.
2. The Public Prosecutor, High Court, Madras.
+1cc to Mr.P.Lakshmikanthan, Advocate, vide SR.No.23388 Crl.O.P.No.6744 of 2019 GJ(CO) Kak(21/03/2019)